Section 56 Copyright Act
Section 56 Copyright Act 2022 is about Procedure for suspension of accounts of repeat infringers. It is under Part VII (Provisions Relating to Online Content) of the Act.
(1) A service provider, upon receiving repeated notifications of infringements for a particular account, shall —
(a) promptly send a warning to the subscriber that has been identified, informing him that another notification will lead to suspension of the account and requiring the subscriber to confirm the receipt of the warning ; and
(b) after a second notification relating to the same account, where no challenge is pending under subsection (2), shall suspend the account for a period of not less than one month.
(2) A subscriber who receives a warning notice may challenge the notice on the grounds of mistake or misidentification —
(a) within 10 days from the date of the warning, send a signed counternotice to the service provider, furnishing his full contact details and the factual basis of his belief that his account has been misidentified or that the use of the content was not infringing ; or
(b) If the basis for the challenge under paragraph (a) cannot be resolved within 10 days of the receipt of the counter-notice, the matter shall be referred to the Commission to determine the validity of the challenge.
(3) A service provider acting in good faith in suspending the account of a subscriber, relying on the information contained in a notification referred to in subsection (2), shall not be liable to any person for any claim based on the suspension.
