Act 8
Electronic Transactions Act
2011
(a) the making, publication, dissemination or distribution of
the material or a statement made in the material; or
(b) the infringement of any rights subsisting in or in relation to
the material.
(2) This section shall not affect—
(a) an obligation in a contract;
(b) the obligation of a network service provider under a
licencing or regulatory framework which is established by
law; or
(c) an obligation which is imposed by law or a court to remove,
block or deny access to any material.
(3) For the purposes of this section, provides access, in relation
to third-party material, means providing 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.
30. Information location tools.
Where a service provider refers or links users to a data message
containing an infringing data message or infringing activity, the
service provider is not liable for damage incurred by the user if the
service provider—
(a) does not have actual knowledge that the data message or an
activity relating to the data message is infringing the rights
of the user;
(b) is not aware of the facts or circumstances from which the
infringing activity or the infringing nature of the data
message is apparent;
(c) does not receive a financial benefit directly attributable to
the infringing activity; or
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