(c) renders a service or provides a product under circumstances where the renderer
of the service or the provider of the product must be accredited in a prescribed
class, while he or she is not accredited in the class concerned,
commits an offence and is on conviction liable to a fine not exceeding N$50 000 or imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
CHAPTER 4
LIABILITY OF SERVICE PROVIDERS FOR UNLAWFUL MATERIAL
Definition for purposes of this Chapter
49. For the purposes of this Chapter a service provider is a person who renders –
(a) telecommunications services as contemplated in the Communications Act,
2009 (Act No. 9 of 2009) or resells such services as contemplated in that
Act;
(b) any service relating to the hosting, or development of a website; or
(c) any service relating to the storage or backup of data.
Mere conduit
50. (1) A service provider is not subject to any civil or criminal liability in respect
of third-party material in the form of data to which he or she merely provides access to
information system services for the transmitting, routing or storage of data via an information
system under his or her control, as long as the service provider –
(a) does not initiate the transmission;
(b) does not select the addressee;
(c) performs the functions in an automatic, technical manner without selection of
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