Section 10
of Electronic Transactions Act
Section 10
(1)
A network service provider shall not be subject to any civil or criminal liability under any rule of law in respect of third-party material in the form of electronic records to which he merely provides access if such liability is founded on —
(a)
the making, publication, dissemination or distribution of such materials or any statement made in such material; or
Electronic Transactions 15 2008 Ed.
(b)
the infringement of any rights subsisting in or in relation to such material.
(2)
Nothing in this section shall affect —
(a)
any obligation founded on contract;
(b)
the obligation of a network service provider as such under a licensing or other regulatory regime established under any written law; or
(c)
any obligation imposed under any written law or by a court to remove, block or deny access to any material.
(3)
For the purposes of this section —
“providing access”, in relation to third-party material, means the provision of the necessary technical means by which third-party material may be accessed and includes the automatic and temporary storage of the third-party material for the purpose of providing access;
“third-party”, in relation to a network service provider, means a person over whom the provider has no effective control.