28
No.14
Cybercrimes
2015
information enabling the identification of
recipients of their service.
(3) A service provider shall not be liable for
disclosure, by a third party, of data lawfully made available
to the third party upon proving that(a) the third party acted without the knowledge of
the service provider; or
(b) the service provider exercised due care and skill
to prevent the disclosure of such data.
(4) Where a service provider has knowledge of
illegal information, or activity he shall (a) remove the information in the computer system
within the service providers control;
(b) suspend or terminate services in respect of that
information or activity; and
(c) notify appropriate law enforcement authority of
the illegal activity or information, relevant facts
and the identity of the person for whom the
service provider is supplying services in respect
of the information.
Access
Provider
40.-(1) An access provider shall not be liable for
providing access, transmitting or operating computer system
in respect of third-party material in the form of electronic
communication to which he merely provides access to or for
operating facilities via a computer system under his
control, provided that he(a) does not initiate the transmission;