Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)Chapter XI : Limitation of Liability of Service Providers77. 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. |