Electronic Transactions Act, No. 8 of 2006

Part VIII (§§35-41) of the Electronic Transactions Act deals with the issue of ‘Liability of Intermediaries and Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor electronic records and transmissions. The legislation also provides for a takedown notification procedure, where aggrieved persons can issue a notification of ‘unlawful activity’ to the intermediary. Intermediaries are also not liable for wrongful takedowns in response to notifications. The legislation also allows for the government to establish subsidiary regulations for a Code of Practice to which intermediaries must comply. However, it is understood that no such Code has been yet established.