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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.