Long Title

Part I PRELIMINARY

Part II ELECTRONIC RECORDS, SIGNATURES AND CONTRACTS

Part III SECURE ELECTRONIC RECORDS AND SIGNATURES

Part IV REGULATION OF SPECIFIED SECURITY PROCEDURES AND SPECIFIED SECURITY PROCEDURE PROVIDERS

Part V USE OF ELECTRONIC RECORDS AND SIGNATURES BY PUBLIC AGENCIES

Part VI LIABILITY OF NETWORK SERVICE PROVIDERS

Part VII GENERAL

FIRST SCHEDULE Matters excluded by section 4

SECOND SCHEDULE Specified security procedures

THIRD SCHEDULE Digital signatures

FOURTH SCHEDULE Designated persons

Legislative Source Key

Legislative History

Comparative Table

PART VI
LIABILITY OF NETWORK SERVICE PROVIDERS
Liability of network service providers
26.
—(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 —
(a)
the making, publication, dissemination or distribution of such materials or any statement made in such material; or
(b)
the infringement of any rights subsisting in or in relation to such material.
(2)  Nothing in this section shall affect —
(a)
any obligation founded on contract;
(b)
the obligation of a network service provider as such under a licensing or other regulatory regime established under any written law;
(c)
any obligation imposed under any written law or by a court to remove, block or deny access to any material; or
(d)
any liability of a network service provider under the Copyright Act (Cap. 63) in respect of —
(i)
the infringement of copyright in any work or other subject-matter in which copyright subsists; or
(ii)
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]