76
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
Alternative dispute resolution
113.
(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 of the .na domain name space.
(2)
precedent.
The regulations must be made with due regard to existing international
(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;
(b)
the role which the Association 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)
unlawful actions or activities in respect of domain names, distinguishing
between criminal and civil liability;
(f)
measures to prevent unlawful actions or activities with respect to
domain 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 procedure;
(i)
the limitation of liability of registrars and registries for implementing a
determination; and
(j)
the enforcement and publication of determinations.
CHAPTER X
GENERAL PROVISIONS
Regulatory offences
114.
(1)
Any person who provides telecommunications or broadcasting
services or owns or operates a network for which a licence is required by this Act
without a licence to provide such services is liable to a penalty contemplated in section
115(4) and guilty of an offence and on conviction liable to a fine not exceeding N$1 000
000 or to imprisonment for a period not exceeding three years.
(2)
Any person who provides broadcasting services or telecommunications
services or owns or operates a telecommunications network outside the scope of a
licence or who does not comply with a condition of the licence held by that person
is liable to a penalty contemplated in section 115(4) and guilty of an offence and on