No Monitoring
Obligation
When providing the services under this Part 36.
(1) An Internet service provider shall have no general obligation to
monitor the data which it transmits or stores; or actively seek facts or
circumstances indicating an unlawful activity.
The Minister may, subject to the provisions of any other law, prescribe
procedures for service providers to
(a) inform the competent public authorities of alleged illegal activities
undertaken or information provided by recipients of their service; and
(b) to communicate to the competent authorities, at their request,
information enabling the identification of recipients of their service.
Access Provider
37.
(1) An access provider shall not be criminally liable for providing access
and transmitting information on condition that the provider:
(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; or
(c) does not select or modify the information contained in the
transmission.
(2) The acts of transmission and of provision of access referred to in
paragraph 1 include the automatic, intermediate and transient storage of
the information transmitted in so far as this takes place for the sole
purpose of carrying out the transmission in the communication network,
and provided that the information is not stored for any period longer than
is reasonably necessary for the transmission.
Hosting
Provider
38.
(1) A hosting provider shall not be criminally liable for the information
stored at the request of a user of the service, on condition that:
(a) the hosting provider expeditiously removes or disables access to the
information after receiving an order from any public authority or court of
law to remove specific illegal information stored; or
(b) the hosting provider, upon obtaining knowledge or awareness about
specific illegal information stored by other ways than an order from a
public authority, expeditiously informs the Authority to enable them to
evaluate the nature of the information and if necessary issue an order to
remove the content.
(2) Paragraph 1 shall not apply when the user of the service is acting
under the authority or the control of the hosting provider.
(3) Where the hosting provider removes the content after receiving an
order pursuant to sub-section (1) no liability shall arise from contractual
obligations with its customer to ensure the availability of the service.
Caching
Provider
39.
A caching provider shall not be criminally liable for the automatic,
intermediate and temporary storage of that information, performed for the