Section 55 Copyright Act
Section 55 Copyright Act 2022 is about Take down of infringing content. It is under Part VII (Provisions Relating to Online Content) of the Act.
(1) A service provider, upon receiving notice of infringement under section 54 of this Act shall promptly notify the subscriber responsible for the content for which the notice relates informing him of the content of the notice, and shall expeditiously take down or disable access to the infringing content or links to such content hosted on its system or network and, thereafter, notify the owner of the copyright accordingly.
(2) The service provider may resume access to or restore the content or link that has been removed, if he —
(a) receives a written counter notice from the subscriber which he has forwarded to the owner of copyright immediately on receipt ; and
(b) did not receive, within seven days after forwarding the counter notice, a response from the owner of copyright, indicating that no authorisation has been granted for the subscriber to make the content available.
(3) A service provider shall take effective steps, in accordance with high industry standards, to prevent any content taken down or removed under the provisions of this Act from being reloaded onto its system or network and if despite taking the steps, the removed content is reloaded onto its system or network, on becoming aware of such content being reloaded, shall promptly remove or disable access to the content without further notice to the subscriber.
(4) A person dissatisfied with a determination or action by the service provider or owner of copyright under this section may refer the matter to the Commission for determination.
(5) A service provider shall not be liable to any person for any action taken under this section in good faith.
(6) A service provider who fails to comply with the provisions of subsections (1) and (2), shall be liable for such failure as a breach of statutory duty and for infringement of the content which is the subject matter of the notice under section 54 to the same extent as the person responsible for placing the content on the system or network
