62
No. 23708
Act No. 25,2002
GOVERNMENT GAZETTE, 2 AUGUST 2002
ELECTRONIC COMMUNICATIONS
AND
TRANSACTIONS ACT, 2002
Part 6
Alternative dispute resolution
Alternative dispute resolution
69. (1) The Minister, in consultation with the Minister of Trade and Industry, must
make regulations for an alternative mechanism for the resolution of disputes in respect 5
of the .za domain name space.
(2) The regulations must be madewith due regard to existing international precedent.
(3) The regulations may prescribe( a ) procedures for the resolution of certain types of disputes determined in the
regulations and which relate to a domain name registration;
10
(b) the role which the Authority must
fulfil in administering the dispute resolution
procedure;
(c) the appointment, role and function of dispute resolution adjudicators;
(d) the procedure and rules which must be followed in adjudicating disputes;
( e ) unlawfulactions or activitiesinrespect
of domain names, distinguishing 15
between criminal and civil liability;
cf) measurestopreventunlawfulactions
or activitieswithrespecttodomain
names;
(g) the manner, costs of and time within which a determination must be made;
(h) the implementation of determinations made in terms of the dispute resolution 20
procedure;
(i) the limitation of liability of registrarsandregistriesforimplementinga
determination; and
(j) the enforcement and publication of determinations.
XI
25
CHAPTER
LIMITATION OF LIABILITY OF SERVICE PROVIDERS
Definition
70. In thisChapter,“serviceprovider”meansanypersonproviding
system services.
Recognition
body of representative
satisfied
is
infomation
30
71. (1) The Minister may, on application
by an industry representative body for
service providers by notice in theGazette, recognise such body for purposes of section
72.
(2) The Minister may only recognise a representative body referred to in subsection
Minister
(1) if the
that35
(a) its members are subject to a code of conduct;
( b ) membership is subject to adequate criteria;
(c) the code of conduct requires continued adherence to adequate standards
of
conduct; and
(d) the representative body is capable of monitoring and enforcing its code
of 40
conduct adequately.
Conditions for eligibility
72. The limitations on liability established by this Chapter apply to a service provider
only if( a ) the serviceprovider is amember of therepresentativebodyreferred
to in 45
section 71; and