62 No. 23708 Act No. 25,2002 GOVERNMENT GAZETTE, 2 AUGUST 2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 Part 6 Alternative dispute resolution Alternative dispute resolution 69. (1) The Minister, in consultation with the Minister of Trade and Industry, must make regulations for an alternative mechanism for the resolution of disputes in respect 5 of the .za domain name space. (2) The regulations must be madewith due regard to existing international precedent. (3) The regulations may prescribe( a ) procedures for the resolution of certain types of disputes determined in the regulations and which relate to a domain name registration; 10 (b) the role which the Authority must fulfil in administering the dispute resolution procedure; (c) the appointment, role and function of dispute resolution adjudicators; (d) the procedure and rules which must be followed in adjudicating disputes; ( e ) unlawfulactions or activitiesinrespect of domain names, distinguishing 15 between criminal and civil liability; cf) measurestopreventunlawfulactions or activitieswithrespecttodomain names; (g) the manner, costs of and time within which a determination must be made; (h) the implementation of determinations made in terms of the dispute resolution 20 procedure; (i) the limitation of liability of registrarsandregistriesforimplementinga determination; and (j) the enforcement and publication of determinations. XI 25 CHAPTER LIMITATION OF LIABILITY OF SERVICE PROVIDERS Definition 70. In thisChapter,“serviceprovider”meansanypersonproviding system services. Recognition body of representative satisfied is infomation 30 71. (1) The Minister may, on application by an industry representative body for service providers by notice in theGazette, recognise such body for purposes of section 72. (2) The Minister may only recognise a representative body referred to in subsection Minister (1) if the that35 (a) its members are subject to a code of conduct; ( b ) membership is subject to adequate criteria; (c) the code of conduct requires continued adherence to adequate standards of conduct; and (d) the representative body is capable of monitoring and enforcing its code of 40 conduct adequately. Conditions for eligibility 72. The limitations on liability established by this Chapter apply to a service provider only if( a ) the serviceprovider is amember of therepresentativebodyreferred to in 45 section 71; and

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