Section 98 — Enhanced damages under Part 10 or section 90

(1)Subject to subsection (4), in any proceedings brought by a victim of a tort under Part 10, the court may, if it thinks just and equitable in the circumstances to do so, award enhanced damages to the victim where —

(a)the victim made a reasonable written request to the respondent the effect of which is to ask the respondent to address the online harmful activity that is the subject of the claim; and

(b)the respondent failed, without reasonable excuse, to address the online harmful activity within a reasonable time.

(2)Subject to subsection (4), in any proceedings brought by a victim of an online harmful activity for a claim under section 90(3), the court may, if it thinks just and equitable in the circumstances to do so, award the victim enhanced damages against the respondent if —

(a)the victim had made a reasonable written request to the respondent the effect of which is to ask the respondent to address the online harmful activity at the online location that is the subject of the claim; and

(b)the respondent failed, without reasonable excuse, to address the online harmful activity within a reasonable time.

(3)The award of enhanced damages that a court may award under subsection (1) or (2) —

(a)is in addition to any general and special damages that may be awarded;

(b)is distinct from punitive damages or aggravated damages, and the principles governing the award of those damages need not apply to an award of enhanced damages; and

(c)may in the court’s discretion be awarded in addition to or in lieu of any punitive or aggravated damages.

(4)The Minister may make regulations —

(a)to prescribe the maximum limits of enhanced damages that a court may award under subsection (1) or (2), as the case may be; and

(b)to clarify the application of the Limitation Act 1959 to an action for a claim for enhanced damages under this Act, including prescribing a period of limitation for that action.