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

Chapter XI : Limitation of Liability of Service Providers

77. Take-down notification


(1) For the purposes of this Chapter, a notification of unlawful activity must be in writing, must be addressed by the complainant to the service provider or its designated agent and must include—
(a) the full names and address of the complainant;
(b) the written or electronic signature of the complainant;
(c) identification of the right that has allegedly been infringed;
(d) identification of the material or activity that is claimed to be the subject of unlawful activity;
(e) the remedial action required to be taken by the service provider in respect of the complaint;
(f) telephonic and electronic contact details, if any, of the complainant;
(g) a statement that the complainant is acting in good faith;
(h) a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct; and


(2) Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for wrongful take-down.


(3) A service provider is not liable for wrongful take-down in response to a notification.