Electronic Transactions Act, 2008
tion to facilitate the meeting of the industry to perform the functions of
the Forum.
(8) The Ministry and the Agency shall participate in the Forum as
observers.
Industry code
89. (1) The Forum may prepare a voluntary industry code to deal with
a matter provided for in this Act
(a) on its own initiative, or
(b) at the request of the Agency.
(2) The code shall not be effective until it is registered by the
Agency.
(3) The Agency shall register a voluntary industry code if it is
consistent with
(a) the objects of this Act,
(b) regulations, standards or guidelines made under this Act, and
(c) provisions of this Act which are relevant to the particular
matter or activity.
(4) The Agency may refuse to register the code, if the Agency is not
satisfied that there has been sufficient opportunity for public consultation
in the development of the code by the Forum.
(5) The Agency shall notify the Forum in writing and provide
the reasons for the refusal to register the code within thirty days after the
refusal.
(6) Where the Agency does not register or refuses to register
a voluntary industry code within a period of thirty days after the date that
the voluntary industry code was submitted for registration, the Agency is
deemed to have refused the registration of the voluntary industry code
unless the Industry Forum receives a written notice of registration of the
voluntary industry code after that period.
Liability of service providers and intermediaries
Mere conduit
90. (1) An intermediary or service provider is not liable for providing
access to or for operating facilities for information systems or transmitting,
routing or storage of electronic records through an information system
under its control, as long as the intermediary or service provider
(a) does not initiate the transmission,
(b) does not select the addressee,
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