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High Severity

Criminal Liability for Failing to Censor

This provision makes managers and officers criminally liable if they "ought reasonably to have known" about speech offences by employees or users and "failed to take all reasonable steps to prevent" them. This creates an affirmative duty to monitor and censor all employee and user speech to avoid criminal penalties including imprisonment. Combined with the Act's broad definitions of misinformation (false information regardless of intent), hate speech, and private facts, managers face criminal liability for failing to prevent speech that might violate subjective standards. This incentivizes aggressive pre-publication censorship and creates a powerful chilling effect on journalism, commentary, and public discourse—managers will err on the side of suppressing speech rather than risk criminal prosecution.