, LML4810
ASSIGNMENT 2 SEMESTER 2 2026 ANSWERS
DUE DATE: 7 SEPTEMBER 2026
2.1 Provisions of the ECTA Giving Rise to the ISP Regime in South Africa
The Electronic Communications and Transactions Act 25 of 2002 (ECTA) establishes an
important legal framework for regulating Internet Service Providers (ISPs) in South Africa.
The ISP regime is primarily contained in Chapter XI of the ECTA, which is headed
“Limitation of Liability of Service Providers” and consists of sections 70 to 79. The
purpose of these provisions is to establish circumstances in which a service provider will
be protected from liability for unlawful or infringing activities occurring through its
services. This is particularly important because ISPs generally provide the infrastructure
through which users access, transmit, store and locate information, without necessarily
being responsible for the content created or transmitted by those users.1
Definition of a Service Provider
Section 70 of the ECTA provides the starting point for the ISP regime by defining a
“service provider” as “any person providing information system services”.2 The
definition is deliberately broad and is not restricted to traditional Internet access
providers. The concept of an information system is also broadly framed in the Act and
includes systems involved in the provision of connections, the operation of information-
system facilities, access to information systems, the transmission or routing of data
messages, and the processing or storage of data. Consequently, an entity such as Genius
Gurus may fall within the definition where it provides Internet access, facilitates the
1
Electronic Communications and Transactions Act 25 of 2002 (ECTA) ch XI; see also Ketler Investments CC t/a
Ketler Presentations v Internet Service Providers’ Association (2012/1249) [2013] ZAGPJHC 232, 2014 (2) SA
569 (GSJ).
2
ECTA 2002 s 70.
ASSIGNMENT 2 SEMESTER 2 2026 ANSWERS
DUE DATE: 7 SEPTEMBER 2026
2.1 Provisions of the ECTA Giving Rise to the ISP Regime in South Africa
The Electronic Communications and Transactions Act 25 of 2002 (ECTA) establishes an
important legal framework for regulating Internet Service Providers (ISPs) in South Africa.
The ISP regime is primarily contained in Chapter XI of the ECTA, which is headed
“Limitation of Liability of Service Providers” and consists of sections 70 to 79. The
purpose of these provisions is to establish circumstances in which a service provider will
be protected from liability for unlawful or infringing activities occurring through its
services. This is particularly important because ISPs generally provide the infrastructure
through which users access, transmit, store and locate information, without necessarily
being responsible for the content created or transmitted by those users.1
Definition of a Service Provider
Section 70 of the ECTA provides the starting point for the ISP regime by defining a
“service provider” as “any person providing information system services”.2 The
definition is deliberately broad and is not restricted to traditional Internet access
providers. The concept of an information system is also broadly framed in the Act and
includes systems involved in the provision of connections, the operation of information-
system facilities, access to information systems, the transmission or routing of data
messages, and the processing or storage of data. Consequently, an entity such as Genius
Gurus may fall within the definition where it provides Internet access, facilitates the
1
Electronic Communications and Transactions Act 25 of 2002 (ECTA) ch XI; see also Ketler Investments CC t/a
Ketler Presentations v Internet Service Providers’ Association (2012/1249) [2013] ZAGPJHC 232, 2014 (2) SA
569 (GSJ).
2
ECTA 2002 s 70.
