Electronic Transactions Act, 2008
a third party,
(b) is not aware of facts or circumstances from which the infringing activity or the infringing nature of the information
is apparent or can be reasonably inferred, and
(c) upon receipt of a take-down notification under this Act,
takes action expeditiously to remove or to disable access to
the information.
(2) The limitations on liability established by this section do not
apply to a service provider unless
(a) it has provided an address to receive notifications of infringement, or
(b) it has an agent for receipt of notification of infringement.
Information location tools
93. An intermediary or service provider is not liable for damages
incurred by a person if the service provider refers or links users to a web
page containing an infringing electronic record or infringing activity, by
using information location tools, including a directory, index, reference,
pointer, or hyperlink, where the intermediary or service provider
(a) does not have actual knowledge that the electronic record or
an activity relating to the electronic record is infringing the
rights of that person or the State;
(b) is not aware of facts or circumstances from which the infringing activity or the infringing nature of the electronic record
is apparent or can be reasonably inferred;
(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 electronic record or activity within a reasonable time after being
informed that the electronic record or the activity relating
to the electronic record, fringes the rights of a person or the
State.
Take-down notification
94. (1) A person who claims that an electronically published matter is
illegal or unlawful shall notify the publisher.
(2) A notification of unlawful activity shall be in a permanent
medium addressed by the complainant to the intermediary or service
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