Section 43C

the transmission or routing, or the provision of connections, by the service provider of an electronic copy of the work through its primary network; or

any transient storage by the service provider of an electronic copy of the work in the course of such transmission, routing or provision of connections:

Provided that—

the transmission of the electronic copy of the work was initiated by or at the direction of a person other than the service provider;

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the transmission, routing, provision of connections or storage is carried out through an automatic technical process without any selection of the electronic copy of the work by the service provider;

the service provider does not select the recipient of the electronic copy of the work except as an automatic response to the request of another person; or

the service provider does not make any modification, other than a modification made as part of a technical process, to the content of the electronic copy of the work during its transmission through the primary network.

Where infringing material has been identified to come from an online location outside Malaysia or from a specified account and if the court is satisfied that subsection (1) applies to the service provider, the court may order the service provider—