Summary: Jurisdictions of the Caribbean Region are generally still in the process of implementing policies for their ICT (Information and Communications Technologies) sectors. On the issue of Intermediary Liability, the States that have passed statutory provisions have done so by including such provisions in their Electronic Transactions Acts (which are meant to primarily deal with the authentication of electronic documents and signatures). In general, where such provisions exist, they are based on the mere conduit principle. However, there are no known instances in any Caribbean jurisdiction where the court has heard a case on intermediary liability. In 2009, the International Telecommunications Union (ITU) funded the HIPCAR Project (Enhancing competitiveness in the Caribbean through the harmonization of ICT Policies, Legislation and Regulatory Procedures). The beneficiary countries were the States of CARICOM (the Caribbean Community). This project included an assessment of each beneficiary country’s ICT legislation, including Electronic Transactions, within which the issue of Intermediary Liability was included. The project also resulted in ‘Regional Model Policies and Regulations’. For most Caribbean States with recent legislation, the Electronic Transactions Act (and hence Intermediary Liability) generally resembles this model legislation. For those countries that have not yet passed legislation (or are to consider updating their laws), it can be anticipated that the draft bills will also follow the form of the model legislative texts. The provisions on Intermediary Liability are contained in PART IV (SS26-28) of the model legislative text on Electronic Transactions.
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