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- the name of the publisher or co-publisher and, where necessary, that of the editor in chief;
- the name, company or corporate name, address and telephone number of the provider
referred to in Sections 33 and 34 above.
Section 38. (1) Persons editing an electronic communication's service may place at the
disposal of the public only the name, company or corporate name and the address of the
provider.
(2) The persons referred to in Sections 33 and 34 above shall be bound to confidentiality.
Section 39. (1) Any person who is victim of defamation by means of an electronic
communication's service shall have the right to reply and may request for correction.
(3) Conditions for the insertion of a rejoinder of reply shall be those provided for by the
instruments in force.
Section 40. (1) Any person engaged in transmitting electronic communication networks
content or providing access to an electronic communication's network may not be liable
where they:
-
requested the contentious transmission;
select or modify the content transmitted.
(2) Any person whose activity, for the sole purpose of rendering its subsequent transmission
more efficient, is the automatic, intermediary and temporary storage of content transmitted by
a provider, may be criminally or civilly liable in respect of such content only in the case
where they modify such content, do not comply with the required conditions of access and
ordinary updating rules or where they impede the licit and normal use of the technology used
to obtain data.
IV - PROTECTION OF PRIVACY
Section 41. Every individual shall have the right to the protection of their privacy. Judges
may take any protective measures notably, sequestration or seizure to avoid or end the
invasion of privacy.
Section 42. The confidentiality of information channelled through electronic communication
and information systems networks, including traffic data, shall be ensured by operators of
electronic communication and networks information systems.
Section 43. Content providers shall be responsible for data transmitted through their
information system notably, if such content may entail infringement of human dignity, injury
to character and invasion of privacy.
Section 44. (1) It shall be forbidden for any natural person or corporate body to listen,
intercept and store communications and the traffic data related thereto, or to subject them to
any other means of interception or monitoring without the consent of the users concerned,
save where such person is so authorized legally.