Notice and Takedown Policy | Local Drag Victoria

This Notice and Takedown Policy explains how to tell us about content on the Local Drag Victoria platform (the Platform) that you believe is unlawful, harmful, or breaches someone's rights, and how we handle those complaints. It forms part of our terms and works alongside our Terms of Use, Terms of Service, Business Listing Terms of Service, and Acceptable Use Policy.

In this Policy, we, us, and our refer to the operator of the Platform. Much of the content on the Platform — including performer profiles, business listings, images, links, and contact messages — is submitted by users rather than created by us.

1. When to use this Policy

1.1

You can use this Policy to report content you believe:

is harmful, abusive, threatening, or harassing, including material that would breach the Online Safety Act 2021 (Cth) — adult cyber abuse, cyberbullying material targeted at an Australian child, or an intimate image shared without the consent of the person depicted;
is defamatory, misleading, or deceptive;
infringes copyright or other intellectual property rights;
discloses someone's private information, or depicts a person without their consent;
breaches our Acceptable Use Policy; or
is otherwise unlawful.

2. How to make a complaint

2.1

Send your complaint to hi@localdrag.au. To help us act quickly, please include:

your name and contact details;
a link to, or clear description of, the specific content you are complaining about;
an explanation of why you believe the content is unlawful, harmful, or in breach of rights or our terms;
where relevant, your relationship to the content (for example that it concerns you, or that you own the rights in it); and
a statement that the information in your complaint is true and correct to the best of your knowledge.

2.2

We may need to contact you for more information before we can act. We may decline to act on complaints that are incomplete, frivolous, vexatious, or made in bad faith.

3. How we handle complaints about harmful content

3.1

Where we receive a complaint about content that may be harmful or in breach of our terms, we follow this process:

We acknowledge your complaint and assess it against our Acceptable Use Policy and the law.
If we can contact the person who submitted the content (the author), we will notify them of the complaint, usually within 48 hours of receiving it, and give them an opportunity to respond.
The author has 48 hours from our notice to tell us whether they consent to the content being removed or wish to object to its removal.
If the author consents, cannot be contacted, or does not respond within that time, we will remove the content as soon as reasonably practicable.
If the author objects to removal, we will assess the objection and decide whether the content should stay, be edited, or be removed, and we will let you know the outcome.

This is our own process. It does not limit any legal right or remedy you have, and it does not replace the statutory schemes described in sections 3.3 and 5.

3.2

We may keep the author's identity confidential unless we are required to disclose it by law. We will not disclose your identity as the complainant to the author, or publish it, without your consent, and where practicable we will describe the content complained of in a way that does not identify you. We may still have to disclose your identity if we are required to by law.

3.3

You can also report harmful content directly to the eSafety Commissioner at esafety.gov.au, which administers the complaints schemes in the Online Safety Act 2021 (Cth) for adult cyber abuse, image-based abuse, cyberbullying of a child, and illegal or restricted material. If the eSafety Commissioner gives us a removal notice, we will comply with it within the time the notice requires — 24 hours in most cases — and we will do so regardless of the process in section 3.1.

3.4

Some content presents an urgent risk to a person's safety — for example content that reveals a performer's legal name, home or work address, or other private information without consent ("outing" or "doxxing"), or that threatens, harasses, or intimidates a person. Content of that kind breaches our Acceptable Use Policy, and we may remove or disable access to it immediately under our terms, without notifying the author first and without waiting for the response period in section 3.1.

4. Copyright and intellectual property claims

4.1

If you believe content on the Platform infringes your copyright or other intellectual property rights under the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), or any other law, send us a complaint under section 2 that also:

identifies the right you own and the material you say infringes it;
confirms that you are the rights holder or are authorised to act for them; and
confirms that you believe in good faith that the use complained of is not authorised by the rights holder, their agent, or the law.

4.2

Where we are satisfied that a claim is valid, we will remove or disable access to the relevant content and may notify the user who submitted it. We operate this process voluntarily; it is not the statutory safe harbour scheme in Division 2AA of Part V of the Copyright Act 1968 (Cth), which applies to a different class of service providers.

5. Defamation complaints

5.1

If you believe content on the Platform defames you, please tell us under section 2 and identify the specific words or images complained of and the defamatory meanings you say they carry. Where the content was submitted by a user rather than by us, we will act promptly to assess it and, where appropriate, remove or disable access to it.

5.2

Nothing in this Policy is a substitute for a concerns notice under the Defamation Act 2005 (Vic). If you intend to commence defamation proceedings, that Act sets out its own requirements, including the serious harm element and the requirement to give a concerns notice before proceedings begin.

6. Action we may take

6.1

Depending on the complaint, we may remove or disable access to content, suspend or unpublish a profile or listing, suspend or terminate an account, retain information for legal or enforcement purposes, or take any other step we consider appropriate or are required to take by law. We may act on this Policy at our discretion, and acting (or not acting) on one complaint does not oblige us to act in the same way on another.

6.2

Nothing in this Policy limits any other right or remedy available to us under our terms or at law, and nothing in it requires us to monitor content or to make legal judgements about disputes between users.

7. Misuse of this process

7.1

Submitting false, misleading, or bad-faith complaints — including to suppress lawful content or to harm a competitor — is a breach of our terms and may itself be unlawful. We may decline to act on, and may take action in response to, complaints that misuse this process.

8. Contact us

8.1

To make a complaint or ask a question about this Policy, contact us at hi@localdrag.au.