Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)Chapter 2 : Offences, Penalties and Extra-Territorial Jurisdiction8. Conduct facilitating trafficking in persons |
| (1) | Any person who— |
| (a) | intentionally leases or subleases any room, house, building or establishment for facilitating or promoting trafficking in persons or allows it to be used or ought reasonably to have known or suspected that it will be used to facilitate or promote trafficking in persons; |
| (b) | subsequent to the lease or sublease of any room, house, building or establishment, becomes aware or ought reasonably to have known or suspected that it is being used to facilitate or promote trafficking in persons and fails to report that knowledge to a police official; |
| (c) | intentionally advertises, publishes, prints, broadcasts, distributes or causes the advertisement, publication, printing, broadcast or distribution of information that facilitates or promotes trafficking in persons by any means, including the use of the internet or other information technology; or |
| (d) | finances, controls or organises the commission of an offence under this Chapter, |
is guilty of an offence.
(2)
| (a) | An electronic communications service provider operating in the Republic must take all reasonable steps to prevent the use of its service for the hosting of information referred to in subsection (1)(c). |
| (b) | An electronic communications service provider that is aware or becomes aware of any electronic communications which contain information referred to in subsection (1)(c) and which is stored upon or transmitted over its electronic communications system must— |
| (i) | without delay report the electronic communications identity number from which those electronic communications originated and any other particulars available to such electronic communications service provider which can be used to identify the person or electronic communications service provider (including an electronic communications service provider operating outside the Republic) from who or from which those electronic communications originated, to the South African Police Service; |
| (ii) | take such reasonable steps as are necessary to preserve evidence as may be required by the relevant investigation and prosecuting authorities, for purposes of investigation and prosecution by the relevant authorities; and |
| (iii) | without delay take such reasonable steps as are necessary to prevent continued access to those electronic communications— |
| (aa) | by any of the customers of that electronic communications service provider; or |
| (bb) | by any person if they are stored on the system of the electronic communications service provider. |
| (3) | An electronic communications service provider which fails to comply with the provisions of subsection (2)(a) or (b) is guilty of an offence. |
| (4) | Nothing in this section places a general obligation on an electronic communications service provider to— |
| (a) | monitor the data which it transmits or stores; or |
| (b) | actively seek facts or circumstances indicating an unlawful activity. |
| (5) | An electronic communications service provider is not liable for any loss sustained by or damage caused to any person as a result of any action taken in good faith in terms of subsection (2)(b)(iii). |