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

Chapter XI : Limitation of Liability of Service Providers

78. No general obligation to monitor

 

(1) When providing the services contemplated in this Chapter there is no general obligation on a service provider to—
(a) monitor the data which it transmits or stores; or
(b) actively seek facts or circumstances indicating an unlawful activity.

 

(2) The Minister may, subject to section 14 of the Constitution, prescribe procedures for service providers to—
(a) inform the competent public authorities of alleged illegal activities undertaken or information provided by recipients of their service; and
(b) to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service.