Electronic
2 6 6 [ N o . 21 o f 2 0 0 9
and
Communications
Transactions
(g) a statement that the complainant is acting in good faith;
and
(h) a statement by the complainant t h a t the information in the
take-down notification is to the complainant's knowledge
true and correct.
(3) Any person w h o lodges a false take-down notification with
a service provider commits an offence and is liable, upon conviction,
to a fine not exceeding t w o hundred thousand penalty units or to
imprisonment for a period not exceeding t w o years, or to both.
No general
obligation
on service
provider to
monitor
unlawful
activities
62. (1) Subject to the other provisions of this Parf a service
provider shall not be under any obligation to—
(a) monitor the data which the service provider transmits or
stores; or
(b) actively seek facts or circumstances indicating an unlawful
activity.
(2) Minister may, on the advice of the Authority/by statutory
instrument, prescribe procedures for service providers t o —
(a) inform the competent public authorities of alleged illegal
activities u n d e r t a k e n , or information p r o v i d e d , by
recipients of their service; and
(b) communicate to the competent authorities, at their request,
information enabling the identification of recipients of
their service.
Savings
63.
This Part does not affect—
(a) the obligation of a service provider acting as such under a
licensing or other regulatory system established by, or
under, any law;
(b) any obligation imposed by law or by a court, to remove,
block or deny access to any data message; or
Cap.
(c) any right to limitation of liability based on the Constitution.
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