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Electronic Transactions Act, No. 6 of 2011

Part VII (§§50-52) of the Electronic Transactions Act dealt with the issue of ‘Intermediaries and Telecommunications Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor electronic records and transmission. When knowledge arises that information in a data message or electronic message may result in liability, intermediaries and telecoms service providers are required to remove the information from their systems, and in the case of criminal liability, notify the appropriate law enforcement authority. The legislation also allows for the government to establish subsidiary regulations for codes of conduct and standards to which intermediaries and telecommunications service providers must comply. However, it is understood that no such...