C 2634 2010 No.
Electronic Transactions
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provider or vendor or its designated agent and shall include —
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(a) the full names and address of the complainant;
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(b) signature of the complainant;
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(c) identification of the right that has allegedly been infringed;
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(d) identification of the material or activity that is claimed to be the subject
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of unlawful activity;
(e) the remedial action required to be taken by the intermediary or service
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provider in respect of the complaint;
(f ) telephonic and electronic contact details, if any, of the complainant;
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(g) a statement that the complainant is acting in good faith;
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(h) a statement by the complainant that the information in the take-down
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notification is to his or her knowledge true and correct.
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service provider knowing that it materially misrepresents the facts commits
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an offence and is liable for damages for wrongful take-down as may be
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prescribed by the appropriate regulatory body.
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in response to a notification.
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42.—(1) A Service provider or vendor shall not be required to monitor
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any record processed by means of its system in order to ascertain whether
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its processing would constitute or give rise to an infringement.
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relieve a Service provider or vendor from:
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(a) any obligation to comply with an order or direction of a court or other
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(2) Any person who lodges a notification of unlawful activity with a
(3) A Service provider or vendor is not liable for wrongful take-down
(2) Except as provided by subsection (1), nothing in this section shall
competent authority; and
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(b) any contractual obligation.
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43.—(1) Regulatory bodies may by regulation establish standards or
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requirements of conduct with which service providers or vendors carrying
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on business in or from within Nigeria shall comply.
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may relate to one or more of the following matters —
(2) A standard established by regulation made under subsection (1)