WILMAP: Montserrat


[§§30-31 of the Electronic Transactions Act deals with ‘Liability of Intermediaries or E-Commerce Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor electronic records. §31(3) gives the Minister the power (when notified by an intermediary that an electronic record may give rise to liability), to direct the intermediary to (a) remove electronic questions in question, (b) cease provision of services to persons, or (c) cease to provide services in relation to the specific electronic record in question. The legislation also allows for the government to establish subsidiary regulations to which intermediaries must comply. However, it is understood that no such regulations have been yet established.]


[There are currently no known new legislative proposals on the issue of intermediary liability. However, it is anticipated that in the near future, the government will seek to establish Regulations pursuant to the parent legislation cited above, which will include provisions on the conduct of intermediaries.]


[There are currently no known cases that have been brought before the courts on the issue of intermediary liability.] 


Bryan Khan
Emailbkhan.mail at gmail.com


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