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AN ACT TO ESTABLISH THE ONLINE SAFETY COMMISSION FOR THE PROMOTION OF ONLINE SAFETY, DETERRENCE OF HARMFUL ELECTRONIC COMMUNICATION AND FOR RELATED MATTERS
[ONL 24] Causing harm by posting electronic communication24
24
- (a)posts an electronic communication with the intention to cause harm to an individual;
- (b)posts an electronic communication where posting the electronic communication would cause harm to an ordinary reasonable individual in the position of the individual; and
- (c)posts an electronic communication where posting the electronic communication causes harm to the individual,
commits an offence.
(2) A person who commits an offence under subsection (1) is liable upon conviction to—
- (a)in the case of an individual, a fine not exceeding $20,000 or imprisonment for a term not exceeding 5 years or both; and
- (b)in the case of a body corporate, a fine not exceeding $100,000, and for a director, manager or officer in charge for the time being, to a fine not exceeding $50,000 or imprisonment for a term not exceeding 7 years or both.
(3) In determining whether posting an electronic communication would cause harm, the court may take into account any factor it considers relevant, including—
- (a)the extremity of the language, images or videos used;
- (b)the age and characteristics of the individual concerned;
- (c)whether the electronic communication was anonymous;
- (d)whether the electronic communication was repeated;
- (e)the extent of circulation of the electronic communication;
- (f)whether the electronic communication is true or false; and
- (g)the context in which the electronic communication appeared.