No. 33
Electronic Transactions
(c) prohibit justification for crimes against humanity;
(d) promote human dignity and pluralism in the expression of
thoughts and opinions;
(e) protect public order and national security;
(f) facilitate technical restriction to conditional access to online
communication; and
(g) enhance compliance with the requirements of any other
written law.
25.__(1) An intermediary service provider shall not be liable in
any civil or criminal proceedings for any information contained in
an electronic message in respect of which he provides services, if
the intermediary service provider__
(a) has not initiated the transmission of the message;
(b) has no actual knowledge of the act or omission that gives
rise to the civil or criminal liability as the case may be, in respect
of the message; and
(c) has no knowledge of any facts or circumstances from which
the likelihood of such civil or criminal liability ought reasonably
to have been known.
(2) Nothing in this section shall be construed as__
(a) requiring an intermediary to monitor any information
contained in any electronic message, in order to establish
knowledge of any act, omission, fact, or circumstance giving rise
to civil or criminal liability or imputing knowledge of such
liability; or
(b) relieving an intermediary from complying with any law,
court order, ministerial direction, or contractual obligation in
respect of an electronic message.
(3) If in relation to information contained in an electronic
message in respect of which an intermediary service provider
renders his services, the intermediary service provider has__
(a) actual knowledge of the act or omission that gives rise to
civil or criminal liability, as the case may be, in respect of the
message; or
(b) knowledge of any fact or circumstance from which the
likelihood of such civil or criminal liability ought reasonably to
have been known, he shall forthwith remove the document from
any electronic communication system within his control and shall
cease to provide services in relation to the message.
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Liability of
an
intermediary
service
provider