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

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