Electronic
Communications
and Transactions
56.
[ N o . 21 of 2 0 0 9
The limitations on liability established by this Part apply to
a service provider i f -
263
Conditions
Eligibility of
service
provider
(a) the service provider is a m e m b e r of the representative
body referred to in section fifty-five; and
(b) the service provider has adopted and implemented t h e
code of conduct of that representative body.
5 7 . (1) A service provider is not liable for providing access to,
or for operating facilities for, information systems or transmitting,
routing or storage of data messages through an information system
u n d e r t h e s e r v i c e p r o v i d e r ' s c o n t r o l , as long as t h e s e r v i c e
provider—
No liability
for mere
conduit
(a) does not initiate the transmission;
(b) does not select the addressee;
(c) performs the functions in an automatic, technical manner
without selection of the data; and
(d) does not modify the data contained in the transmission.
(2) T h e acts o f transmission, routing and provision of access
referred to in subsection (1) include the automatic, intermediate
and transient storage of the information transmitted in so far as this
takes p l a c e —
(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 anticipated recipients; and
(c) for a period no longer than is reasonably necessary for
the transmission.
(3) N o t w i t h s t a n d i n g this section, a court m a y order a service
provider to terminate or prevent any unlawful activities under this
Act or any other law.
58. (1) A service provider that transmits data provided by a
recipient of the service through an information system under t h e
service p r o v i d e r ' s control shall not be liable for the automatic,
intermediate and temporary storage of that data, where the purpose
of storing such data is to make the onward transmission of the data
more efficient to other recipients of the service upon their request,
as long as the service provider—
Caching
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