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International Agreement

Convention on Cyber Security and Personal Data Protection,

( 1 ) In June 2014, the Executive Council of the African Union adopted the Convention on Cyber Security and Personal Data Protection (“the AU Convention”). The Convention will enter into force upon ratification by at least 15 AU member states. The AU Convention contains provisions pertaining to e-commerce, personal data protection, and cyber security. ( 2 ) Article 9(2)(b) relates to intermediary liability in personal data processing: “the Convention shall not be applicable to Temporary copies produced within the context of technical activities for transmission and access to a digital network with a view to automatic, intermediate and temporary storage of data and for the sole purpose of offering other beneficiaries of the service the best possible access to the information so transmitted.” ( 3 ) The Convention does...

Internet intermediary liability: Identifying best practices for Africa

Nicolo Zingales (Association for Progressive Communications)
The role of intermediaries in global networked communication is ubiquitous. All producers of content on the internet have to rely on the action of some third party–the so called intermediary–in order to reach their recipients. Such action of intermediation ranges from the mere provision of connectivity, to more advanced services such as a specific type of communication tool or platform. For example, email and blogging space, or the indexing of the content through a search engine, or a human compiled index or directory (also known, collectively, as information location tools). Because of the substantial impact that the products and services offered by companies or organisations can have on the unfolding of internet communications, they find themselves potentially at legal risk for the communication and distribution of...

General Resources - AFRICAN UNION

African Court on Human and Peoples' Rights (ACHPR), http://www.african-court.org/ African Declaration for Internet Rights and Freedoms, http://africaninternetrights.org See Section 9. Intermediary Liability African Union, http://www.au.int/en African Union, Cyberlegislation, http://au.int/en/cyberlegislation
Policy Document

Regional Model Policies and Regulations on Electronic Transactions

The HIPCAR Project resulted in ‘Regional Model Policies and Regulations’. For most Caribbean States with recent legislation, the Electronic Transactions Act (and hence Intermediary Liability) generally resembles this model legislation. The provisions on Intermediary Liability are contained in PART IV (SS26-28) of the model legislative text on Electronic Transactions. In general, intermediary liability provisions are based on the mere conduit principle.
Policy Document

HIPCAR Project (Enhancing competitiveness in the Caribbean through the harmonization of ICT Policies, Legislation and Regulatory Procedures)

In 2009, the International Telecommunications Union (ITU) funded the HIPCAR Project (Enhancing competitiveness in the Caribbean through the harmonization of ICT Policies, Legislation and Regulatory Procedures). The beneficiary countries were the States of CARICOM (the Caribbean Community). This project included an assessment of each beneficiary country’s ICT legislation, including Electronic Transactions, within which the issue of Intermediary Liability was included. The project also resulted in ‘Regional Model Policies and Regulations’.
Court Decision

Magyar Zeti ZRT v Hungary

The case refers to the publication of an article in an online media outlet that contains a hyperlink to a YouTube video. The hyperlink was further reproduced on three other websites, operated by other media outlets. The video was not recorded by a third party and includes statements deemed defamatory by national courts. They also considered that that providing a hyperlink to content qualified as dissemination of facts was unlawful even if the disseminator had not identified itself with the content of the third-party’s statement and even if it had wrongly trusted the truthfulness of the statement. The European Court of Human Rights states that hyperlinks, as a technique of reporting, are essentially different from traditional acts of publication in that, as a general rule, they merely direct users to content available...