Films, Videos, and Publications Classification Act 1993

Take-down notices for objectionable online publications

119D: Contents of take-down notices

You could also call this:

"What a take-down notice must include"

Illustration for Films, Videos, and Publications Classification Act 1993

When you get a take-down notice, it must tell you what the online publication is. It must also say where to find the online publication, like its URL. You must be told to remove or stop people accessing the online publication as soon as possible, and by a certain time and date, which is called the required period. You will also be told about your right to review the decision under section 119J. The notice might have other information that is required by regulations made under section 149(1)(ab). The person sending the notice thinks about how long it will take you to comply with it. You might be asked to keep a copy of the online publication for an investigation or court case. The notice can have other information that the Inspector thinks is useful or appropriate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS637518.

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119C: Issue of take-down notices, or

"What is a take-down notice and how does it work to remove objectionable online content?"


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119E: Online content host must comply with take-down notice, or

"Remove bad online content when you get a take-down notice"

Part 7ATake-down notices for objectionable online publications

119DContents of take-down notices

  1. A take-down notice must—

  2. contain a description of the relevant online publication; and
    1. identify the URL or other unique identifier of the online publication; and
      1. require the online content host to remove, or prevent access by the public to, the online publication as soon as is reasonably practicable after receipt of the notice and no later than the time and date specified in the notice (the required period); and
        1. inform the online content host of the right of review under section 119J; and
          1. contain other information required by regulations made under section 149(1)(ab) (if any).
            1. When deciding on the length of the required period in a particular case, an Inspector must consider what period is likely to be reasonably practicable for the online content host to comply with the notice.

            2. A take-down notice may also require an online content host to preserve a copy of the relevant online publication for the purpose of an investigation or proceedings.

            3. A take-down notice may contain other information that an Inspector considers is useful or appropriate.

            Notes
            • Section 119D: inserted, on , by section 12 of the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 (2021 No 43).