Broadcasting Act 2009

139V

F210[Complaint scheme: content.

139V. (1) Subject to this Chapter the Commission may make a scheme providing for the making and resolution of complaints referred to in section 139R.

(2) The Commission may make a scheme relating to complaints about the availability of a type of harmful online content on designated online services only if there is an online safety code that—

(a) applies to the designated online services concerned, and

(b) relates to the handling, by those providers, of communications from users raising complaints about harmful online content of that type.

(3) A scheme shall provide, in particular, for—

(a) the content of a complaint,

(b) the procedures by which a complaint may be made,

(c) the procedures the Commission shall follow in considering and resolving complaints,

(d) the making of representations in relation to the complaint by the person who uploaded the content that the complaint is about to the designated online service,

(e) the requirements the Commission may impose on providers of designated online services for the purpose of resolving complaints, and

(f) the procedures by which the Commission shall inform the complainant of the Commission’s resolution of the complaint.

(4) A complaint shall contain, in particular—

(a) a description of the content that the complaint is about,

(b) a description of the category of harmful online content into which the complainant considers the content falls, and the reasons for that consideration,

(c) a description of the location of the content on the designated online service, and

(d) evidence that the conditions in section 139S(1) are met.]

Annotations

Amendments:

F210

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 45, S.I. No. 71 of 2023.