Take-down notices

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Lance Michalson

A web site sells pirated software (for example).  It is an unlawful activity and people may want to put a stop to it.  Another example is a case in New Zealand where, after a fight, a son tried to sell sexy photos of his mom on an auction site. People also often complain about bloggers making false or defamatory statements about them online – and then request the hosting service provider to take down that content.

Depending on whose side you’re on, you (the mother or defamed party) may wish to send a take-down notice or you (the service provider) may have received a take-down notice.

Section 77 of the Electronic Communications and Transactions Act (“the ECT Act”) deals with take-down notices and prescribes the required formalities for a take-down notice. It is important to remember that there is no general obligation on an ISP to take-down content in reaction to a take down notice received.

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