Electronic Transactions Act, 2008
Act 772
provider or its designated agent and shall include
(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 intermediary
or service provider in respect of the complaint, and
(f) telephonic and electronic contact details, if any, of the complainant.
(3) A person who lodges a notification of unlawful activity with a
service provider knowing that it materially misrepresents the facts is liable
to pay a pecuniary penalty equivalent to five hundred penalty units.
(4) The intermediary or service provider is liable for wrongful takedown in response to a notification.
Monitoring and compliance
95. (1) An intermediary or service provider shall not be required to
monitor an electronic record processed by means of a personal system in
order to ascertain whether its processing would constitute or give rise to
an offence or give rise to civil liability.
(2) Nothing in this section shall relieve an intermediary or service
provider from
(a) an obligation to comply with an order or direction of a Court
or other competent Agency, or
(b) any contractual obligation.
Limitations and prohibited acts
96. (1) Except as provided in this Act
(a) any person or entity that provides an electronic communication service to the public shall not knowingly divulge the
contents of a communication while in electronic storage by
that service to any person or entity, and
(b) a person or entity providing remote computing service to the
public shall not knowingly divulge the contents of any communication which is carried or maintained on that service
to any other person or entity
(i) on behalf of, and received by means of electronic
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