64
No. 23708
Act No. 25,2002
GOVERNMENT GAZETTE, 2 AUGUST 2002
ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT, 2002
(b) the service providerhas adopted and implemented the official code of conduct
of that representative body.
Mere conduit
73. (1) A service provider is not liable for providing access to or for operating
facilities for information systems or transmitting, routing or storage of data messages 5via
an information system underits 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
the data; and
10
(d) does not modify the data contained in the transmission.
(2) Theacts of transmission,routing andof provision of access referred to in
subsection (1) includethe
automatic,intermediateandtransientstorage
of the
information transmitted in so far as this takes place(a) forthesolepurpose
of carrying out the transmissioninthe
information 15
system;
(b) inamannerthatmakesitordinarilyinaccessibletoanyoneotherthan
anticipated recipients; and
(c) for a period no longer than is reasonably necessary for the transmission.
(3) Notwithstanding this section, a competent court may order a service provider to 20
terminate or prevent unlawful activity in terms of any other law.
Caching
74. (1) A service providerthat transmitsdata provided by a recipient of the service via
an information system under its control isnot liable for the automatic, intermediate and
temporary storage of that data, where the purpose of storing such data is to make the 25
onward transmission of the data more efficient to other recipients of the service upon
their request, as long as the service provider( a ) does not modify the data;
(b) complies with conditions on access to the data;
(c) complies with rules regarding the updating of the data, specified in a manner 30
widely recognised and used by industry;
(d) does not interfere with the lawful use of technology, widely recognised and
used by industry, to obtain information on the use of the data; and
(e) removesordisablesaccess
to the dataithasstoredupon
receivinga
take-down
notice
toreferred in section 77.
35
(2) Notwithstanding this section, a competent court may order a service providerto
terminate or prevent unlawfulactivity in terms of any other law.
Hosting
75. (1) A service providerthat provides a servicethat consists of the storage of data
provided by a recipient of the service, is not liable for damages arising from data stored40
at the request of the recipient of the service, as long as the serviceprovider(a) does not have actual knowledge
that the data message oran activity relating to
the data message is infringing the rights of a third party; or
(b) is not awareof facts or circumstances from which the infringing
activity or the
infringing nature
of
the message
data
apparent;
is and
45
(c) uponreceipt of atake-downnotificationreferredtoinsection
77, acts
expeditiously to removeor to disable access to the data.
(2) The limitations on liability established by this section do not apply to a service
provider unless it has designated an agent to receive notifications of infringement and
has provided through its services, including
on its web sites inlocations accessible to the 50
public, the name, address, phone number and e-mail address of the agent.
(3) Notwithstanding this section, a competent court may order a serviceprovider to
terminate or prevent unlawful activity in terms of any other law.