Electronic
Communications
and Transactions
[ N o . 21 o f 2 0 0 9
60. (1) A service provider shall not be liable for any d a m a g e
incurred by a person if the service provider refers or links users to
a w e b page containing an infringing data message or infringing
activity, by using information location tools, including a directory,
265
Use of
information
location
tools by
service
provider
index, reference, pointer, or hyperlink, and w h e r e t h e service
provider—
(a) does not have actual knowledge that the data message or
an activity relating to the data message is infringing the
rights of that person;
(b) is not aware of facts or circumstances from which the
infringing activity or the infringing nature of the data
message is apparent;
(c) does not receive a financial benefit directly attributable to
the infringing activity; and
(d) removes, or disables access to, the reference or link to
the data message or activity within a reasonable time
after being informed that the data message or the activity
relating to that data message, infringes the rights of a
person.
6 1 . (1) A r e c i p i e n t o f s e r v i c e m a y , t h r o u g h a t a k e - d o w n
notification, notify the service provider of—
(a) any data or activity infringing the rights of the recipient or
of a third party;
(b) any unlawful material or activity; or
(c) any other matter conducted or provided contrary to the
provisions of this Act.
(2) For the purposes of this Part, a take-down notification to a
service provider shall be in writing, addressed by the complainant
to the service provider or its designated agent, and shall i n c l u d e —
(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) the telephonic and electronic contact details, if any, of the
complainant;
Take-down
notification
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