PART VI
LIABILITY
When providing the services under this Part No
Monitoring
Obligation
37.
(1) An Internet service provider shall, subject to the provisions of any
other written law, have no general obligation to monitor the data which it
transmits or stores; or actively seek facts or circumstances indicating an
unlawful activity.
The Minister may, subject to the provisions of any other law, prescribe
procedures for service providers to
(a) inform the competent public authorities of alleged illegal activities
undertaken or information provided by recipients of their service; and
(b) to communicate to the competent authorities, at their request,
information enabling the identification of recipients of their service.
Access
Provider
38.
(1) An access provider shall not be criminally liable for providing access
and transmitting information on condition that the provider:
(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; or
(c) does not select or modify the information contained in the
transmission.
(2) The acts of transmission and of provision of access referred to in
paragraph 1 include the automatic, intermediate and transient storage of
the information transmitted in so far as this takes place for the sole
purpose of carrying out the transmission in the communication network,
and provided that the information is not stored for any period longer than
is reasonably necessary for the transmission.
(3) An access provider who violates the conditions set out in paragraphs
(1) and (2) commits an offence and shall be liable to a fine not exceeding
level eight or imprisonment for a period of two years or both such fine
and imprisonment.
Hosting
Provider
39.
(1) A hosting provider shall not be criminally liable for the information
stored at the request of a user of the service, on condition that:
(a) the hosting provider expeditiously removes or disables access to the
information after receiving an order from any public authority or court of
law to remove specific illegal information stored; or
(b) the hosting provider, upon obtaining knowledge or awareness about
specific illegal information stored by other ways than an order from a
Select target paragraph3
Add to table of contents