No. 33
Electronic Transactions
well as the name and address of the intermediary service
provider prescribed in this Act:
23
Provided that the person has duly communicated to the intermediary service provider the particulars of personal identification
prescribed by subsection (1).
(3) Any intermediary service provider identified in this section
shall be subject to professional secrecy as regards disclosure of the
particulars of personal identification or of any information sufficient
to identify the source of online content.
(4) A person may act as an editor of an online public communication, and as an intermediary service provider, if his activities fall
under both regimes.
(5) Where a person acts as an editor of an online public
communication and as an intermediary service provider as provided
in subsection (4), legal obligations of both regimes shall apply
respectively to each activity.
(6) An intermediary service provider exercising the activities
prescribed in this section shall provide to editors of online content
under this section the technical means to comply with the
requirements of identification prescribed in this section.
32.__(1) A person who can be directly or indirectly identified in
an online public communication, shall have the right to demand a
publication of his response, without prejudice to his right to request
correction or deletion of the content.
(2) A request stipulated in subsection (1) shall be addressed to the
editor in chief designated in section 31(1) (c).
(3) In the event that a person editing an online public
communication on a non-professional basis elects to remain
anonymous, the complainant shall directly address the request to the
hosting intermediary service provider.
(4) An online editor shall publish the response stipulated in
subsection (1) within twenty four hours of receipt of the request in
subsection (1).
(5) A person who contravenes subsection (4) commits an offence
and is liable to a fine of K1,000,000 and imprisonment for twelve
months.
(6) A right of reply shall be exercised free of charge.
Right of reply