Electronic Communications and Transactions Act (Chapter 337A)

Document type
Legislation
Country
Part III (§§19 -21) of the Electronic Communications and Transactions Act deals with ‘Intermediaries and E-Commerce Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor electronic records and transmissions. §20(3) gives the Minister the power (when notified by an intermediary that an electronic communication may give rise to liability), to direct the intermediary to undertake certain actions. Such an action can include directions to (a) remove the electronic communication in question, or (b) cease provision of services to persons. The legislation also allows for the government to establish subsidiary regulations for a Code of conduct or standards to which intermediaries must comply. However, it is understood that no such regulations have been yet established.
Country
Year
2003
Topic, claim, or defense
General or Non-Specified
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Monitor or Filter
Block or Remove
Type of law
Civil
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)