66 GOVERNMENT No.GAZETTE, 23708 Act No. 25,2002 2002 2 AUGUST ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (4) Subsection (1) does not apply whenthe recipientof the serviceis acting under the authority or the controlof the service provider. Information locationtools 76. A 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 data message or 5 infringing activity, by using information location tools, including a directory, index, reference, pointer, or hyperlink, where the service provider( a ) does not have actual knowledge that the data message or activity an relating to the data message is infringing the rights of that person; (b) is not awareof facts or circumstances from which the infringing activity or the 10 infringing nature of the data messageis apparent; (c) doesnotreceiveafinancialbenefitdirectlyattributable to theinfringing 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 15 the activity relating to such data message, infringes the rights of a person. Take-down notification and 77. (1) For thepurposes of this Chapter, a notification of unlawful activity must be in writing, must be addressed by the complainant to the service provider or its designated agent include20 (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; 25 (e) the remedial action required tobe taken by the service provider in respect of the complaint; ’( telephonic and electronic contact details, if any, of the complainant; (8) a statement that the complainant is acting in good faith; (h) astatement by thecomplainantthattheinformation in thetake-down 30 notification is to his or her knowledge true and correct; and (2) Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for wrongful take-down. (3) A serviceproviderisnotliable forwrongfultake-down in responsetoa 35 notification. No general obligation to monitor 78. (1) When providing the services contemplated in this Chapter there is no general obligation on a service providerto(a) transmits stores; which or itmonitor data the or 40 ( b ) actively seek facts or circumstances indicating an unlawful activity. (2) The Minister may, subject to section 14 of the Constitution, prescribe procedures for service-providers to( a ) inform the competent public authorities of alleged illegal activities under45 taken or information provided by recipients of their service; and (b) to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service. Savings 79. This Chapter does notaffect(a) any obligation founded on an agreement; 50