18
Electronic Transactions
No. 33
(3) Where a sender of an electronic message states that an
electronic message shall be valid on receipt of acknowledgement by
the recipient, the electronic message shall not be considered as sent
until the acknowledgement is received.
(4) Where a sender of an electronic message receives a
recipient's acknowledgement of receipt of the message, it shall be
presumed that the message has reached the recipient, but this
presumption shall not mean that the electronic message
corresponds to the message received.
(5) Where a party has not indicated that the communication of the
electronic message is conditional on receipt of an electronic
message, and acknowledgement has not been received by the
recipient within the time specified or agreed, or if no time has been
specified or agreed, within a reasonable time__
(a) the sender of the electronic message may notify the
recipient that no acknowledgement has been received and
specify a reasonable time by which the acknowledgement shall be
received; and
(b) if the acknowledgement of receipt is not received within the
specified period stipulated in paragraph (a), the sender of the
electronic message may, upon notice to the recipient, treat the
electronic message as though it has never been sent, or exercise
any other right that the sender may have.
(6) Where an acknowledgement of receipt indicates that an
electronic message complies with the technical conditions,
prescribed either by an agreement or by applicable law, these
conditions shall be deemed to be fulfilled.
Freedom of
communication
and its
limitations
(7) Except insofar as it relates to the sending or receipt of an
electronic message, this section shall not affect the legal
consequences that may flow either from that message or from the
acknowledgement of its receipt.
PART IV__LIABILITY OF ONLINE INTERMEDIARIES AND CONTENT
EDITORS AND PROTECTION OF ONLINE USERS
24.__(1) Subject to this Act, there shall be no limitations to online
public communication.
(2) Notwithstanding the provisions of subsection (1), online
public communication may be restricted in order to__
(a) prohibit child pornography;
(b) prohibit incitement on racial hatred, xenophobia or
violence;