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LEGISLATION
Electronic Transactions Act, No. 6 of 2011 [Part VII (§§50-52) of the Electronic Transactions Act dealt with the issue of ‘Intermediaries and Telecommunications Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor electronic records and transmission. When knowledge arises that information in a data message or electronic message may result in liability, intermediaries and telecoms service providers are required to remove the information from their systems, and in the case of criminal liability, notify the appropriate law enforcement authority. The legislation also allows for the government to establish subsidiary regulations for codes of conduct and standards to which intermediaries and telecommunications service providers must comply. However, it is understood that no such regulations have been yet established.]
BILLS AND PENDING PROPOSALS[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.]
DECISIONS[There are currently no known cases that have been brought before the courts on the issue of intermediary liability.]
CONTRIBUTORSBryan KhanEmail: bkhan.mail at gmail.com[personal page]
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