LIABILITY OF NETWORK SERVICE PROVIDERS
—(1) Subject to subsection (2), a network service provider shall not be subject to any civil or criminal liability under any rule of law in respect of third-party material in the form of electronic records to which he merely provides access if such liability is founded on —
the making, publication, dissemination or distribution of such materials or any statement made in such material; or
the infringement of any rights subsisting in or in relation to such material.
(2) Nothing in this section shall affect —
any obligation founded on contract;
the obligation of a network service provider as such under a licensing or other regulatory regime established under any written law;
any obligation imposed under any written law or by a court to remove, block or deny access to any material; or
any liability of a network service provider under the Copyright Act (Cap. 63) in respect of —
the infringement of copyright in any work or other subject-matter in which copyright subsists; or
the unauthorised use of any performance, the protection period of which has not expired.
(3) In this section —
“performance” and “protection period” have the same meanings as in Part XII of the Copyright Act;
“provides access”, in relation to third-party material, means the provision of the necessary technical means by which third-party material may be accessed and includes the automatic and temporary storage of the third-party material for the purpose of providing access;
“third-party”, in relation to a network service provider, means a person over whom the provider has no effective control.
[ETA, s. 10]