(c) updates stored information in accordance with any written law or in a manner widely recognized
and used in the information communication technology industry;
(d) does not interfere with the lawful use of technology, widely recognized and used by the
information communication technology industry, to obtain data on the use of the information; and
(e) acts expeditiously to remove or to disable access to the information the caching provider has
stored upon obtaining knowledge of the fact that –
(i) the stored information at the initial source of the transmission has been removed from the
network;
(ii) access to the stored information has been disabled; or
(iii) a court has ordered the removal or disablement of the stored information.
(2) For the purposes of this section –
“caching provider” means a person who provides a service to facilitate the transmission of computer
data between two or more computer systems by the automatic, intermediate and temporary storage
of information, where such storage is for the sole purpose of making the onward transmission of
the information to other users of the service more efficient.
Hyperlinks provider
42. (1) A provider who enables the access to information provided by another person by providing an
electronic hyperlink is not liable for the information that is in contravention of this Act if the provider–
(a) expeditiously removes or disables access to the information after receiving an order from a court
to remove the link; or
(b) upon obtaining knowledge or awareness, by ways other than an order from a court, 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) For the purposes of this section –
“hyperlink” means a characteristic or property of an element such as a symbol, word, phrase, sentence,
or image that contains information about another source and points to and causes to display
another document when executed.
Search engine provider
43. A provider who operates a search engine that either automatically or based on entries by others, creates an
index of internet-related content or, makes available electronic tools to search for information provided by another
person, is not liable under this Act for the search results on condition if the provider –
(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.
PART V
MISCELLANEOUS
Regulations
44. The Minister may make regulations for the purpose of prescribing all matters that are required to be
prescribed under this Act and for such other matters as may be necessary for giving full effect to this Act and for its
proper administration.