---
title: "Digital intermediary liability map for an online publication (Defamation Act s 31A)"
url: "https://ailawframework.com/precedents/defamation-and-media-law/digital-intermediary-liability-map"
type: "precedent"
site: "AI Law Framework"
id: "a33-digital-intermediary-liability-map"
area_id: "A33"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A33-T1-R5", "A33-B8-1"]
law_stated_as_at: "2026-10-18"
---

# Digital intermediary liability map for an online publication (Defamation Act s 31A)

> Map of every party in an online publication path (author, poster, page owner, platform, search engine, host) against the s 31A digital intermediary defence: accessible complaints mechanism, written complaint and…

Canonical page: https://ailawframework.com/precedents/defamation-and-media-law/digital-intermediary-liability-map  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

Map of every party in an online publication path (author, poster, page owner, platform, search engine, host) against the s 31A digital intermediary defence: accessible complaints mechanism, written complaint and reasonable access prevention steps.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Defamation & Media Law](https://ailawframework.com/precedents/defamation-and-media-law.md)
- Jurisdictions: New South Wales, Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the authority it cites, for New South Wales and Australia.

## When to use it

Use when deciding whom to put on notice or sue for defamatory digital matter, or when advising a platform, forum operator or page administrator on its exposure after receiving a complaint.

## Used for these tasks

- [Map platform or intermediary liability from the publication path](https://ailawframework.com/practice/defamation-and-media-law.md#A33-T1-R5)
- [Advise on AI platform liability as a publisher](https://ailawframework.com/practice/defamation-and-media-law.md#A33-B8-1)

## How AI may be used

AI may trace the publication path from captures and platform information into the map; the lawyer decides each party's role and whether the defence is available.

**AI may:**

- List each party involved in the publication path from the captures, page information and platform terms
- Record whether each party publishes a complaints mechanism and where, with screenshots and dates
- Record what complaints were made, when and how, and what access prevention steps followed

**AI must not:**

- Must not decide whether a party is a digital intermediary, an author or a poster
- Must not decide whether access prevention steps were reasonable
- Must not send complaints to platforms; complaints are approved and sent by the lawyer

**The lawyer checks:**

- Each party's role, including whether an editorial or moderating role affects the defence
- Whether a written complaint meeting s 31A(3) was given, and the steps taken after it
- Which parties to put on notice and in what order, given the defence

## Authorities

- [Defamation Act 2005 (NSW) s 31A (defence for digital intermediaries: accessible complaints mechanism; reasonable access prevention steps after a written complaint; requirements for complaints; meaning of accessible complaints mechanism)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2005-077)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/defamation-and-media-law/digital-intermediary-liability-map and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*