The Office works cooperatively with Tier 2 social media services under a formal framework to remove serious cyberbullying material targeted toward a child under the age of 18.
The Enhancing Online Safety Act 2015 (the Act) provides that, following a recommendation from the Commissioner, a service may be declared to be a Tier 2 service by the Minister for Communications.
The Commissioner may make a recommendation to the Minister in relation to a social media service if the service:
If a complaint is made to a Tier 2 social media service about cyberbullying material, and:
the Commissioner may give the provider a social media service notice, (under section 35 of the Act,) to remove the content within 48 hours.
Tier 2 is a civil enforcement scheme that can attract legally binding notices and penalties. If a Tier 2 provider does not comply with a social media service notice, civil penalties may be imposed, or the Commissioner may issue a formal warning. Under section 40 of the Act, the Commissioner may also draft and publish a notice on the Office's website to that effect.
Section 88(3) of the Act provides that an application may be made by the provider of a social media service to the Administrative Appeals Tribunal to review any decision made by the Commissioner under section 35 to give a social media service notice to a Tier 2 service.