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"content": "Kenya (2) The High Court may, upon application under subsection (1), grant an order requiring— (a) a person enabling or facilitating the infringement of copyright, or whose service is used by another person to infringe copyright, to cease such enabling or facilitating activity or disable that person’s access to its service for the infringing purpose; (b) a person hosting or making available an online location, service or facility situated in or outside Kenya which is used to infringe copyright or which enables or facilitates the infringement of copyright, to disable access to such online location, service or facility as replaced, amended or moved from time to time; or (c) an internet service provider to prevent or impede the use of its service to access an online location, service or facility situated in or outside Kenya that is used to infringe copyright as replaced, amended or moved from time to time. This is to amend the proposed new Sections 35A and 35B to require an internet service provider (ISP) to disable access to infringing copies within 48 business hours of receiving a takedown notice. If any infringing rights have been noted and reported, the ISP is given 48 business hours. In case it is reported on a Friday, it is pushed to the following Monday, so that they can take down what is infringing. Secondly, this is to amend the proposed new Section 35A to require an ISP to notify an alleged person who has infringed upon receipt of a valid takedown notice. We tell them that we will take it down in the next 48 hours. Thirdly, to amend the proposed Section 35B to allow any person to file a counter-notice to a takedown notice. In case you are not satisfied with the takedown notice, you can give reasons why you do not want to take down the infringement. The amendment also seeks to correct some typographical errors to allow a person to apply to the High Court for the grant of an injunction especially with regard to live events. I seek that we amend the Bill as proposed."
}