Electronic Communications and Transactions Act (Chapter 337A)

Part III (§§19 -21) of the Electronic Communications and Transactions Act deals with ‘Intermediaries and E-Commerce Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor electronic records and transmissions. §20(3) gives the Minister the power (when notified by an intermediary that an electronic communication may give rise to liability), to direct the intermediary to undertake certain actions. Such an action can include directions to (a) remove the electronic communication in question, or (b) cease provision of services to persons. The legislation also allows for the government to establish subsidiary regulations for a Code of conduct or standards to which intermediaries must comply. However, it is understood that no such regulations have been yet established.