Cybercrimes Act
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(b) to avail competent authorities, at their request, with information
enabling the identification of recipients of their service.
(3) A service provider shall not be liable for disclosure, by a third party,
of data lawfully made available to the third party upon proving that(a) the third party acted without the knowledge of the service provider; or
(b) the service provider exercised due care and skill to prevent the
disclosure of such data.
(4)
Where a service provider has actual knowledge of illegal
information, or activity he shall (a) remove the information in the computer system within the service
providers control;
(b) suspend or terminate services in respect of that information or
activity; and
(c) notify appropriate law enforcement authority of the illegal activity or
information, relevant facts and the identity of the person for whom the
service provider is supplying services in respect of the information.
Access
Provider
40.-(1) An access provider shall not be liable for providing access,
transmitting or operating computer system in respect of third-party material in the
form of electronic communication to which he merely provides access to or for
operating facilities via a computer system under his control, provided that he(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; or
(c) does not select or modify the information contained in the
transmission.
(2) The transmission and provision of access referred to in subsection (1)
include the automatic, intermediate and transient storage of the information
transmitted in so far as this takes place(a) for the purpose of carrying out the transmission in the information
system;
(b) in a manner that makes it inaccessible to a person other than the
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