Notice · Defamation & Media Law

Objection notice about an intimate image

An objection notice to the eSafety Commissioner under the Online Safety Act 2021 (Cth) section 33, for a person depicted in an intimate image or for an authorised person.

Kind
Notice. A formal notice to serve or publish.
Where it applies
Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when a depicted person, or a person who meets section 33(3), wants to object to the Commissioner about an intimate image provided on a service. Giving the notice is not itself a removal.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may complete the service, the date and the residence facts the principal supplies, and must not decide that the image is an intimate image or that it will be removed.

AI may

  • Insert the service name, the date the image was seen, and the residence or hosting fact the principal supplies
  • Leave the image out of the notice and refer to it by the description the principal writes

AI must not

  • Must not decide that the image is an intimate image, or that the provision is not an exempt provision
  • Must not say that giving the notice causes the image to be removed
  • Must not invent a form number or a portal step
  • Must not include a copy of the image in this starting point

The lawyer checks

  • The principal applies the definitions of intimate image, social media service, relevant electronic service, designated internet service, exempt provision and hosting service
  • The giver is the depicted person, or an authorised person within section 33(3)
  • An authorised person makes the declaration in subsection 33(4)
  • The Commissioner's powers after a notice were not opened and are not described as a result of this notice

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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