15 information, enforcement of contracts, and recourse where agreements are not kept. 2.3.2 An important area to be dealt with in developing legislation to create an enabling and nurturing environment for e-commerce is to make both legislation and transactions “media neutral.” The world has long had a series of rules and protocols, found in national and international law and custom, to deal with commercial and personal transactions in an oral and paper-based environment. An electronic environment, however, creates some differences that have to be resolved through rules, which may be found in legislation, standards or other forms of rules (e.g., industry codes of conduct). A media neutral legal regime is intended to be neutral with respect to the medium used to communicate, with a few exceptions. E-commerce legislation is intended to remove obstacles and uncertainties about the use of electronic documents and electronic communication. 2.3.3 E-commerce legislation, however, should not force individuals or persons to use electronic documents or communication. It should be viewed as enabling legislation. The objective is to offer greater choice and efficiencies for Batswana and persons doing business in or with Botswana. 2.3.4 Although individuals and even businesses regularly carry out transactions orally, modern business practice has developed in a paperbased society. Existing legislation and business requirements are likely to contain language that reflects the paper-driven environment in which they are created. This language can relate to obligations that govern relationships with government (e.g., filing of taxation documents or the creation of a corporation) or can establish rules that govern the private sector in its business and personal relationships (e.g., buying and selling property or testamentary provisions). Legislative language that suggests a bias toward a paper or non-electronic environment includes • “in writing” or “written” • “prescribed form” or “form” • “notarised” • “witnessed” • “signed” or “signature” • “sworn” or “made under oath” • “affidavit” • “sealed” or “stamped” • “record” • “certified” • “authorised”

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