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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Chapter XI : Limitation of Liability of Service Providers

75. Hosting


(1) A service provider that provides a service that consists of the storage of data provided by a recipient of the service, is not liable for damages arising from data stored at the request of the recipient of the service, as long as the service provider —
(a) does not have actual knowledge that the data message or an activity relating to the data message is infringing the rights of a third party; or
(b) is not aware of facts or circumstances from which the infringing activity or the infringing nature of the data message is apparent; and
(c) upon receipt of a take-down notification referred to in section 77, acts expeditiously to remove or to disable access to the data.


(2) The limitations on liability established by this section do not apply to a service provider unless it has designated an agent to receive notifications of infringement and has provided through its services, including on its web sites in locations accessible to the public, the name, address, phone number and e-mail address of the agent.


(3) Notwithstanding this section, a competent court may order a service provider to terminate or prevent unlawful activity in terms of any other law.


(4) Subsection (1) does not apply when the recipient of the service is acting under the authority or the control of the service provider.