20
Liability for
being a conduit
Liability for
caching
services
Electronic Transactions
No. 33
(4) An intermediary service provider shall not be liable for any
act done in good faith pursuant to this section.
26.__(1) An intermediary service provider shall not, when
supplying services of transmission of information, or when offering
access to online public communication, be held liable for the
information transmitted on condition that the intermediary service
provider__
(a) does not monitor the online communication;
(b) does not initiate the transmission;
(c) does not select the receiver of the transmission; or
(d) does not select or modify the information contained in the
transmission.
(2) The acts of transmission, routing and provision of access
include the automatic, intermediate and transient storage of the
information transmitted in so far as this takes place__
(a) for the sole purpose of carrying out the transmission in the
information system;
(b) in a manner that makes it ordinarily inaccessible to anyone
other than an anticipated recipient; and
(c) for storage for a period not longer than is reasonably
necessary for the transmission.
27. An intermediary service provider shall not be liable for the
automatic intermediate and temporary storage of the electronic
message, where the intention of such storage is for its onward
transmission to other recipients who requested it, if the intermediary
service provider__
(a) does not modify the electronic message;
(b) complies with the conditions on access to electronic
message;
(c) complies with rules regarding updating of the electronic
message, specified in a manner widely recognized and used by
the information and communication technology industry;
(d) does not interfere with the lawful use of technology that is
widely recognized and used by the information and communication technology industry, to obtain information on the use of
electronic message;
(e) acts expeditiously to remove or to disable access to the
information it has shared upon obtaining actual knowledge of the
fact that the information at the initial source of the transmission
has been removed or access to it has been disabled or that a court