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bruneilawsby aturio
In force2008 Revised Edition
Contents

Part III · Liability of Network Service Providers

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.

Report

Part IV

Electronic Contracts

Read on from Part IV

Part V

Secure Electronic Records and Signatures

Read on from Part V

Part VI

Effect of Digital Signatures

Read on from Part VI

Part VII

General Duties Relating to Digital Signatures

Read on from Part VII

Part VIII

Duties of Certification Authorities

Read on from Part VIII

Part IX

Duties of Subscribers

Read on from Part IX

Part XI

Government Use of Electronic Records and Signatures

Read on from Part XI

Part XII

General

Read on from Part XII