On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 28/03/2013.
193B.
—(1) The court shall not grant any monetary relief or, except as provided for in section 193DB, make any order against a network service provider for any infringement of copyright in any material that occurs by reason of —
(a)
the transmission or routing by the network service provider of, or the provision of connections by the network service provider for, an electronic copy of the material through the network service provider’s primary network; or
(b)
any transient storage by the network service provider of an electronic copy of the material in the course of such transmission, routing or provision of connections,
if the network service provider satisfies the conditions set out in subsection (2).
[52/2004]
(2) The conditions referred to in subsection (1) are that —
(a)
the transmission of the electronic copy of the material was initiated by or at the direction of a person other than the network service provider;
(b)
the transmission, routing, provision of connections or storage is carried out through an automatic technical process without any selection of the electronic copy of the material by the network service provider;
(c)
the network service provider does not select the recipients of the electronic copy of the material except as an automatic response to the request of another person; and
(d)
the network service provider does not make any substantive modification (other than any modification made as part of a technical process) to the content of the electronic copy of the material during the transmission of the electronic copy of the material through the primary network.
[52/2004]