Online Safety Act, No. 9 of 2024
39
(8) Where the internet intermediary against whom a
conditional order is made under subsection (4) intends to
show cause, it shall appear before the Magistrate making
that order, within a period of two weeks of making such
order and move to have the order set aside or modified in the
manner hereinafter provided:
Provided however, any internet intermediary against
whom a conditional order is made under subsection (4) shall
be bound to comply with the order with effect from the date
of making such order until such order is set aside or modified
by the Magistrate in terms of the provisions of this section.
(9) If the internet intermediary against whom an order is
made under subsection (4) neither complies with the order
nor appears before the Magistrate under subsection (8) he
shall be liable to the penalty specified in subsection (11)
and the order shall be made absolute.
(10) (a) Where such internet intermediary appears before
the Magistrate in terms of subsection (8) to show cause by
way of petition and affidavit, the Magistrate shall hold an
inquiry which shall be concluded within two weeks of the
date of commencement of the inquiry.
(b) The Magistrate may having regard to the facts stated
by the internet intermediary against whom the conditional
order is made under subsection (4), either move to have the
order set aside or modified, if the Magistrate is satisfied that
the order under this section is not reasonable and proper,
make an appropriate order subject to the provisions of this
Act.
(c) If the Magistrate is not so satisfied, the order made
under subsection (4) shall be made absolute.
(d) Where the order under subsection (4) is modified under
paragraph (b), such order shall be made absolute.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos