§34 of the Electronic Transactions Act deals with the ‘Liability of Intermediaries’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor information in electronic documents. Intermediaries are required to remove documents and cease providing services in relation to documents, where knowledge of liability arises.
This Bill is meant to presumably replace the 2008 Act. Part VIII (Clauses 33-35) of the Bill deals with Intermediary Liability, and contains more expansive provisions than the current Act. Such provisions include an affirmation of the non-requirement to actively monitor electronic records, a procedure to deal with electronic records which give rise to liability, and the approval of a code of conduct or standard by the Minister. It is also anticipated that in the near future, the government will seek to establish Regulations pursuant to the parent legislation cited above, which will include provisions on the conduct of intermediaries.