32
No.14
Other
obligations not
affected
Cybercrimes
2015
the service provider in respect of the complaint;
(f) a statement that the complainant is acting in
good faith; and
(g) a statement by the complainant that the
information in the take-down notification is to
his knowledge true or correct
(3) A person who lodges a notification of unlawful
activity with a service provider knowing that it materially
misrepresents the facts, commits an offence and is liable, on
conviction, to a of fine not less than five million shillings or
to imprisonment of a term of not less than one year or to
both.
(4) A service provider who fails to take action on
the take-down notification received under this section, shall
be charged as a person who initiated the contents of
subsection (1).
(5) Any person who communicates a take-down
notification to a service provider and the service provider
fails to act upon the notification, the person may notify a
competent authority of the failure to take-down and the
competent authority may take down or order the service
provider to act on the take down notification or take any
other measures to resolve the matter.
(6) A service provider shall not be liable for a takedown done in compliance to a notification under this Act.
46. This Part shall not affect obligation of a service
provider that(a) has been formed by an agreement;
(b) is acting as such under a licensing or other
regulatory regime established under any written
law;
(c) has been imposed by law or by order of a court
to remove, block or deny access to any