LML4810
ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 16 APRIL 2025
, LML4810
Assignment 2 Semester 1 2025
Unique Number:
Due Date: 16 April 2025
Legal Aspects of Electronic Commerce
Title: The Legal Framework Regulating Internet Service Providers in South Africa
under the Electronic Communications and Transactions Act (ECTA)
2.1 Provisions Under the ECTA That Give Rise to the ISP Regime in South Africa
The Electronic Communications and Transactions Act 25 of 2002 (ECTA) provides
the legal framework regulating Internet Service Providers (ISPs) in South Africa.
Chapter XI of the ECTA, specifically Sections 73 to 79, establishes what is commonly
referred to as the "ISP safe harbour regime". These provisions aim to create a
balance between encouraging digital growth and holding ISPs accountable for certain
unlawful acts that occur through their services.
The ECTA introduces limited liability for ISPs for unlawful third-party content hosted
or transmitted via their networks, provided certain conditions are met. For example,
Section 73 explicitly states that ISPs are not subject to general monitoring obligations.
This provision recognizes that ISPs are intermediaries and should not be held liable for
every action of users on their platforms unless they fail to act upon notification of illegal
activity.
Section 74 deals with the mere conduit principle, exempting ISPs from liability if they
only provide access to the internet or transmit data without initiating the transmission,
selecting the receiver, or modifying the data.
Section 75 provides for caching, stating that ISPs are not liable for automatic,
intermediate, and temporary storage of data done solely for efficient onward
ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 16 APRIL 2025
, LML4810
Assignment 2 Semester 1 2025
Unique Number:
Due Date: 16 April 2025
Legal Aspects of Electronic Commerce
Title: The Legal Framework Regulating Internet Service Providers in South Africa
under the Electronic Communications and Transactions Act (ECTA)
2.1 Provisions Under the ECTA That Give Rise to the ISP Regime in South Africa
The Electronic Communications and Transactions Act 25 of 2002 (ECTA) provides
the legal framework regulating Internet Service Providers (ISPs) in South Africa.
Chapter XI of the ECTA, specifically Sections 73 to 79, establishes what is commonly
referred to as the "ISP safe harbour regime". These provisions aim to create a
balance between encouraging digital growth and holding ISPs accountable for certain
unlawful acts that occur through their services.
The ECTA introduces limited liability for ISPs for unlawful third-party content hosted
or transmitted via their networks, provided certain conditions are met. For example,
Section 73 explicitly states that ISPs are not subject to general monitoring obligations.
This provision recognizes that ISPs are intermediaries and should not be held liable for
every action of users on their platforms unless they fail to act upon notification of illegal
activity.
Section 74 deals with the mere conduit principle, exempting ISPs from liability if they
only provide access to the internet or transmit data without initiating the transmission,
selecting the receiver, or modifying the data.
Section 75 provides for caching, stating that ISPs are not liable for automatic,
intermediate, and temporary storage of data done solely for efficient onward
