ONLINE CRIMINAL HARMS
49
Defences
54.—(1) It is not a defence to a charge for an offence under section 50, 52 or 53 that—
- (a) the person is subject to a duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents or restricts the person from complying with a requirement of the Part 2 direction, the Part 6 order or the written notice under section 47 or 48, as the case may be; or
- (b) the person has applied for a reconsideration of, or has appealed against, the Part 2 direction or the Part 6 order, as the case may be.
(2) It is not a defence to a charge for an offence under section 51 that—
- (a) the person is subject to a duty of confidentiality or privacy imposed by any rule of law or a duty imposed by any contract or any rule of professional conduct, that prevents or restricts the person from complying with a requirement of the rectification notice, the implementation directive or the code of practice concerned, as the case may be; or
- (b) the person has appealed against the decision to designate the person’s online service, the decision to give a code application notice to the person, a requirement of the implementation directive or a requirement of the code of practice concerned or a variation thereof, as the case may be.
(3) Without limiting the meaning of “reasonable excuse”, it is a defence to a charge for an offence under this Part (except in relation to a stop communication direction) if the accused proves, on a balance of probabilities, that—
- (a) it was not reasonably practicable to do more than what was in fact done to comply with the Part 2 direction, rectification notice, implementation directive or Part 6 order, as the case may be; or
