22
Electronic Transactions
No. 33
(4) Any person who claims that a published electronic message is
unlawful or infringes on his right, shall notify the intermediary
service provider of such message.
(5) A notification stipulated in subsection (4) shall be in
permanent medium addressed by the complainant to the intermediary service provider, and shall include the following information__
(a) the full name and address of the complainant;
(b) the written or electronic signature of the complainant;
(c) the right that has been infringed;
(d) identification of the material or activity that is claimed to
be the subject of the infringing or unlawful activity;
(e) the remedial action required to be taken by the intermediary service provider in respect of the complaint;
(f) telephone and electronic mail contacts;
(g) a statement that the complainant is acting in good faith; and
(h) a statement by the complainant that the information is true
and correct.
(6) Any person who notifies an intermediary service provider of
an infringement or unlawful activity or content knowing that the
notification is false, commits an offence and is liable to a fine of
K1,000,000 and imprisonment for twelve months.
Online
content
providers
(7) An intermediary service provider shall not be liable for a
takedown in response to a wrongful or false notification.
31.__(1) An online content provider shall display in a conspicuous manner, the following information on its webpage__
(a) in case of a natural person, full name, domicile, telephone
number, and email address, of the editor;
(b) in case of a legal entity, corporate name, postal and
physical address of the registered office, telephone number, email
address, authorized share capital, and registration number, of the
editor;
(c) where applicable, the name of the corporate officer
appointed as director of the publication of the online public
communication and the editor in chief; and
(d) the name, title, corporate name, postal and physical address
and telephone number, email address of the intermediary service
provider prescribed in this section.
(2) A person editing online public communication on a
non-professional basis may make publicly available his name as