Electronic Transactions Act, No. 8 of 2006

Document type
Legislation
Country
Part VIII (§§35-41) of the Electronic Transactions Act deals with the issue of ‘Liability of Intermediaries and Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor electronic records and transmissions. The legislation also provides for a takedown notification procedure, where aggrieved persons can issue a notification of ‘unlawful activity’ to the intermediary. Intermediaries are also not liable for wrongful takedowns in response to notifications. The legislation also allows for the government to establish subsidiary regulations for a Code of Practice to which intermediaries must comply. However, it is understood that no such Code has been yet established.
Country
Year
2006
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)