Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)Chapter XI : Limitation of Liability of Service Providers78. 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. |