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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Chapter XI : Limitation of Liability of Service Providers

73. Mere conduit


(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 via an information system under its control, as long as the service provider—
(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) The acts of transmission, routing and of 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 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 anticipated recipients; and
(c) for a period no longer than is reasonably necessary for the transmission.


(3) Notwithstanding this section, a competent court may order a service provider to terminate or prevent unlawful activity in terms of any other law.