The Copyright (Amendment), Bill, 2021 tabled by Hon. Gladys Wanga proposes to repeal Sections 35B, 35C and 35D of the Act, which relate to the role of an internet service provider (ISP) to comply with requests for the takedown of copyright infringement items – significantly Section 35B provides for the procedure to be followed by an ISP in processing a takedown request, whereas Section 35C sets out the role of an ISP to provide subscriber information to investigative agencies and to also designate an agent or electronic address for receiving such notices under its terms and conditions.
The repeal of these provisions will have the effect of reducing the regulatory compliance obligation unduly placed on ISPs in connection with infringing content. The provisions of the Act on the intermediary liability of ISPs in respect of copyright infringement have, however, been retained.
Yesterday, Ms Wanga dropped the offensive clause when she appeared before National Assembly’s Committee on Information, Communication and Innovation.