Electronic Transactions Act · s 10

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10.
Liability of network service providers
(1) A network service provider shall not be subject to any civil or criminal liability under any rule of law in respect of third-party material in the form of electronic records to which he merely provides access if such liability is founded on —
(a) the making, publication, dissemination or distribution of such materials or any statement made in such material; or

Electronic Transactions 15 2008 Ed.
(b) the infringement of any rights subsisting in or in relation to such material.
(2) Nothing in this section shall affect —
(a) any obligation founded on contract;
(b) the obligation of a network service provider as such under a licensing or other regulatory regime established under any written law; or
(c) any obligation imposed under any written law or by a court to remove, block or deny access to any material.
(3) For the purposes of this section —
“providing access”, in relation to third-party material, means the provision of the necessary technical means by which third-party material may be accessed and includes the automatic and temporary storage of the third-party material for the purpose of providing access;
“third-party”, in relation to a network service provider, means a person over whom the provider has no effective control.

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s 10Liability of network service providers

(1)

A network service provider shall not be subject to any civil or criminal liability under any rule of law in respect of third-party material in the form of electronic records to which he merely provides access if such liability is founded on —

(a)

the making, publication, dissemination or distribution of such materials or any statement made in such material; or

Electronic Transactions 15 2008 Ed.

(b)

the infringement of any rights subsisting in or in relation to such material.

(2)

Nothing in this section shall affect —

(a)

any obligation founded on contract;

(b)

the obligation of a network service provider as such under a licensing or other regulatory regime established under any written law; or

(c)

any obligation imposed under any written law or by a court to remove, block or deny access to any material.

(3)

For the purposes of this section —

“providing access”, in relation to third-party material, means the provision of the necessary technical means by which third-party material may be accessed and includes the automatic and temporary storage of the third-party material for the purpose of providing access;

“third-party”, in relation to a network service provider, means a person over whom the provider has no effective control.