Section II
HIPCAR – Cybercrime/e-Crimes
Hosting
Provider
30.
(1) A hosting provider is not criminally liable for the information stored at the
request of a user of the service, on condition that:
a.
the hosting provider expeditiously removes or disables access to the
information after receiving an order from any public authority or court
of law to remove specific illegal information stored; or
b.
the hosting provider, upon obtaining knowledge or awareness about
specific illegal information stored by other ways than an order from a
public authority, expeditiously informs a public authority to enable
them to evaluate the nature of the information and if necessary issue
an order to remove the content.
(2) Paragraph 1 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 is removing the content after receiving an order
pursuant to paragraph 1 he is exempted from contractual obligations with his
customer to ensure the availability of the service.
Caching
Provider
Hyperlinks
Provider
31.
32.
A caching provider is not criminally liable for the automatic, intermediate and
temporary storage of that information, performed for the sole purpose of
making more efficient the information's onward transmission to other users of
the service upon their request, on condition that:
a.
the caching provider does not modify the information;
b.
the caching provider complies with conditions of access to the
information;
c.
the caching provider complies with rules regarding the updating of the
information, specified in a manner widely recognised and used by
industry;
d.
the caching provider does not interfere with the lawful use of
technology, widely recognised and used by industry, to obtain data on
the use of the information; and
e.
the caching provider acts expeditiously to remove or to disable access
to the information it has stored upon obtaining actual knowledge of the
fact that the information at the initial source of the transmission has
been removed from the network, or access to it has been disabled, or
that a court or an administrative authority has ordered such removal or
disablement.
An Internet service provider who enables the access to information provided
by third person by providing an electronic hyperlink is not liable for the
information if
a.
the internet service provider expeditiously removes or disables access
to the information after receiving an order from any public authority or
court to remove the link; and
b.
the internet service provider, upon obtaining knowledge or awareness
about specific illegal information stored by other ways than an order
from a public authority, expeditiously informs a public authority to
enable them to evaluate the nature of the information and if necessary
issue an order to remove the content.
> Model Policy Guidelines & Legislative Text
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