(2) Subsection (1) does not relieve an internet service provider from complying with any court order,
injunction, writ or other legal requirement, which obliges an internet service provider to terminate or prevent an
infringement based on any written law.
Access provider
39. (1) An access provider is not liable under this Act for providing access and transmitting information if the
access provider does not–
(a) initiate the transmission;
(b) select the receiver of the transmission; or
(c) select or modify the information contained in the transmission.
(2) For the purpose of this section –
“access provider” means a person who provides a service to facilitate the transmission of computer
data between two or more computer systems by transmitting information provided by or to a user
of the service in a communication network or provides access to a communication network;
“communication network” means a set of devices or nodes connected by communication links, which
is used to provide for the transfer of computer data between users located at various points or other
similar services; and
“transmit” or “provide access” includes the automatic, intermediate and transient storage of
information transmitted in so far as it takes place for the sole purpose of carrying out the
transmission in the communication network, and provided that the information is not stored for a
period longer than is reasonably necessary for the transmission.
Hosting provider
40. (1) A hosting provider is not liable under this Act for the storage of information in contravention of this
Act if –
(a) the hosting provider expeditiously removes or disables access to the information after receiving an
order from a court to remove specific illegal information stored; or
(b) upon obtaining knowledge or awareness about specific illegal information stored by other ways
than an order from a court, the hosting provider expeditiously informs the Attorney-General to
enable the Attorney-General to evaluate the nature of the information and if necessary apply to a
court for an order to remove the content.
(2) This section shall not apply when the user of the service is acting under the authority or the control of
the hosting provider.
(3) If the hosting provider removes information after receiving an order under subsection (1) he is
exempted from contractual obligations with his customer to ensure the availability of the service.
(4) For the purpose of this section –
“hosting provider” means a person who provides a service to facilitate the transmission of computer
data between two or more computer systems by storing information provided by a user of his
service.
Caching provider
41. (1) A caching provider is not liable for the storage of information in contravention of this Act if the
caching provider –
(a) does not modify the stored information;
(b) complies with conditions of access to the stored information;