Medicines and Related Substances Act, 1965
R 385
Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)Chapter XI : Limitation of Liability of Service Providers76. Information location tools |
A service provider is not liable for damages incurred by a person if the service provider refers or links users to a web page containing an infringing data message or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hyperlink, where the service provider—
| (a) | does not have actual knowledge that the data message or an activity relating to the data message is infringing the rights of that person; |
| (b) | is not aware of facts or circumstances from which the infringing activity or the infringing nature of the data message is apparent; |
| (c) | does not receive a financial benefit directly attributable to the infringing activity; and |
| (d) | removes, or disables access to, the reference or link to the data message or activity within a reasonable time after being informed that the data message or the activity relating to such data message, infringes the rights of a person. |
