Singapore Intermediary Liability Statute

ELECTRONIC TRANSACTIONS ACT (CAP 88)

“LIABILITY OF NETWORK SERVICE PROVIDERS

Liability of network service providers
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

(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;

(c) any obligation imposed under any written law or by a court to remove, block or deny access to any material; or

(d) any liability of a network service provider under the Copyright Act (Cap. 63) in respect of —

(i) the infringement of copyright in any work or other subject-matter in which copyright subsists; or

(ii) the unauthorised use of any performance, the protection period of which has not expired.

(3) For the purposes of this section —

“performance” and “protection period” have the same meanings as in Part XII of the Copyright Act;

“provides 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.”