32 No.14 Other obligations not affected Cybercrimes 2015 the service provider in respect of the complaint; (f) a statement that the complainant is acting in good faith; and (g) a statement by the complainant that the information in the take-down notification is to his knowledge true or correct (3) A person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts, commits an offence and is liable, on conviction, to a of fine not less than five million shillings or to imprisonment of a term of not less than one year or to both. (4) A service provider who fails to take action on the take-down notification received under this section, shall be charged as a person who initiated the contents of subsection (1). (5) Any person who communicates a take-down notification to a service provider and the service provider fails to act upon the notification, the person may notify a competent authority of the failure to take-down and the competent authority may take down or order the service provider to act on the take down notification or take any other measures to resolve the matter. (6) A service provider shall not be liable for a take­ down done in compliance to a notification under this Act. 46. This Part shall not affect obligation of a service provider that(a) has been formed by an agreement; (b) is acting as such under a licensing or other regulatory regime established under any written law; (c) has been imposed by law or by order of a court to remove, block or deny access to any