In terms of section 75 of the Electronic Communications and Transactions Act ("the Act") WIRUlink has designated the Internet Service Providers' Association (ISPA) as its agent to receive notifications of infringements as defined in Section 77 of the Act.
As a member of ISPA, WIRUlink abides by the ISPA code of conduct. In accordance with this code, if you discovered content on our network that you believe is unlawful, you may send a take-down notification to ISPA, requesting that the material concerned be removed. This request must be made in writing and can be hand-delivered, posted, faxed or emailed. While you are welcome to phone ISPA with queries. Please note that ISPA cannot process take-down requests made telephonically.
ISPA contact details:
- Email Address: firstname.lastname@example.org
- Fax number: 086 606 4066
- Phone number: 010 500 1200
A number of specific requirements for a take-down notification is set out in the legislation. Should you wish to issue a takedown notice for any content on a website hosted by WIRUlink please follow the process outlined at http://www.ispa.org.za/code-of-conduct/take-down-guide.
Important: In terms of section 77(2) of the Electronic Communications and Transactions Act, 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.
Should WIRUlink be served with a valid takedown notice as envisaged in the Act, in respect of any unlawful activity, WIRUlink will, once the takedown validity notification is confirmed by ISPA:
- Notify you of the takedown notice which has been received;
- Advise you to remove the allegedly infringing material or cease the allegedly unlawful activity, as requested in terms of the takedown notice; OR
- Takedown the services if the allegedly infringing material is not removed or the allegedly unlawful activity is not ceased, as requested.
Please be aware that should WIRUlink take down your service it may impact all components of that service, including but not limited to, your entire website and you will not be able to receive emails.
Important: WIRUlink does not assess whether or not the material or activity in question is in fact unlawful. WIRUlink is only required by law to determine whether the takedown notice is procedurally correct and to respond to takedown notices validly issued to its agent.