ISPA Takedown Notice
Takedown Notice Procedure
In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) HEFICED has designated the Internet Service Providers’ Association (ISPA) as its agent to receive notifications of infringements as defined in Section 77 of the Act.
For further details contact ISPA at:
Postal address: PO Box 518, Noordwyk, 1687, Midrand
Tel: 010 500 1200
Should HEFICED through its authorised agent (ISPA) be served with a valid takedown notice as envisaged in the Act, in respect of any unlawful activity by you, HEFICED will do the following, once ISPA notifies HEFICED that the takedown notice has been validly issued:
- notify you of the takedown notice which has been received;
- advise you to, if possible, remove the allegedly infringing material or cease the allegedly unlawful activity, as requested in terms of the takedown notice; and
- takedown the services if the allegedly infringing material is not removed or the allegedly unlawful activity is not ceased, as requested.
HEFICED suggests that you remove the allegedly offending material or cease the allegedly unlawful activity so that HEFICED does not have to take down the entire service. Please be aware that should HEFICED take down your service it may impact all components of that service, including for example your entire website will be down and you will not be able to receive emails.
Should you wish to issue a takedown notice for any content on a website hosted by HEFICED please follow the process outlined at https://ispa.org.za/tdn/take-down-form/.
Please note: HEFICED does not assess whether or not the material or activity in question is in fact unlawful. HEFICED is required by law to determine whether the takedown notice is procedurally correct and to respond to takedown notices validly issued directly or to its agent.