(4) A service provider who provides technical tools for locating or temporarily
storing information (Information Location Tools), and has the following characteristics,
on the condition that the service provider has proceeded in accordance with Clause 5:
(a) the service provider by itself, must not provide another person with a
link (linking) to access to unlawful information;
(b) the service provider has no intent and involvement, and does not
know of a wrongful activity of the user or another person;
(c) the service provider does not receive any remuneration or benefits,
whether directly or indirectly, from such commission of offence under the ComputerRelated Crime Act;
(d) upon obtaining the notification about the dissemination of unlawful
information stated under Section 14 of the Act, the service provider shall act
expeditiously to block the dissemination or to delete such unlawful computer data from
the computer system which such service provider has control of or in accordance with
Clause 5 of this Notification.
(5) A service provider other than those specified in (1) (2) (3) and (4) who
provides another person with access to the internet or the ability to communicate by
other means through a computer system, either in his/her own name or in the name or
for the benefit of another person, which performs in compliance with Clause 5.
Clause 5 Any service provider under Clause 4 who can prove that he/she has
prepared the following measures in order to notify and to block the dissemination or to
delete computer data from the computer system, shall not be subject to the penalty
under Section 15 of the Act:
(1)
Notice procedure
The service provider shall carry out the reporting notification measures by
preparing a written Take Down Notice, available to the public either by technical
measure or any other measure, for notifying the service provider to block the
dissemination or to delete unlawful computer data from the computer system which is
under the control of the service provider. The said Take Down Notice of the service
provider shall include, for the general public’s knowledge, the following information:
(a) name, address, telephone number or e-mail address of the service
provider, or the service provider’s representative;
(b) Complaint Form for the user or another person to notify the service
provider to block the dissemination or to delete unlawful computer data. The Complaint
Form must at least comprise of the following details:
4