Electronic Transactions Act, No. 7 of 2009

Document type
Legislation
Country
§§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.
Country
Year
2009
Topic, claim, or defense
General or Non-Specified
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
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)