LML4810
ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 16 APRIL 2025
, LML4810 – Legal Aspects of Electronic Commerce
Assignment 2 – Semester 1, 2025
Unique Number: [Insert Unique Number]
Due Date: 16 April 2025
Title: The Legal Framework Regulating Internet Service Providers in South Africa under
the Electronic Communications and Transactions Act (ECTA)
2.1 Key Provisions of the ECTA Governing Internet Service Providers (ISPs) in
South Africa
The Electronic Communications and Transactions Act 25 of 2002 (ECTA) outlines
the legal responsibilities and protections applicable to Internet Service Providers (ISPs)
in South Africa. The relevant legal framework is set out in Chapter XI, particularly
Sections 73 through 79, which collectively establish what is known as the ISP safe
harbour regime.
This regulatory approach aims to strike a balance between promoting the development
of the digital economy and ensuring accountability for online misconduct. Essentially,
the Act provides that ISPs are not automatically liable for unlawful content or actions
that occur via their networks, provided they meet specific legal criteria.
Section 73 highlights that ISPs are not required to monitor user activity
proactively. This acknowledges the intermediary role that ISPs play in the digital
ecosystem and shields them from blanket liability, unless they fail to act after
being informed of illegal conduct.
Section 74 outlines the "mere conduit" principle. According to this provision,
ISPs are exempt from liability if they merely provide access to the internet or
transmit information without initiating, altering, or selecting the data or its
recipients.
Section 75 deals with caching, protecting ISPs from legal consequences when
they temporarily and automatically store data for the sole purpose of improving
transmission efficiency.
ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 16 APRIL 2025
, LML4810 – Legal Aspects of Electronic Commerce
Assignment 2 – Semester 1, 2025
Unique Number: [Insert Unique Number]
Due Date: 16 April 2025
Title: The Legal Framework Regulating Internet Service Providers in South Africa under
the Electronic Communications and Transactions Act (ECTA)
2.1 Key Provisions of the ECTA Governing Internet Service Providers (ISPs) in
South Africa
The Electronic Communications and Transactions Act 25 of 2002 (ECTA) outlines
the legal responsibilities and protections applicable to Internet Service Providers (ISPs)
in South Africa. The relevant legal framework is set out in Chapter XI, particularly
Sections 73 through 79, which collectively establish what is known as the ISP safe
harbour regime.
This regulatory approach aims to strike a balance between promoting the development
of the digital economy and ensuring accountability for online misconduct. Essentially,
the Act provides that ISPs are not automatically liable for unlawful content or actions
that occur via their networks, provided they meet specific legal criteria.
Section 73 highlights that ISPs are not required to monitor user activity
proactively. This acknowledges the intermediary role that ISPs play in the digital
ecosystem and shields them from blanket liability, unless they fail to act after
being informed of illegal conduct.
Section 74 outlines the "mere conduit" principle. According to this provision,
ISPs are exempt from liability if they merely provide access to the internet or
transmit information without initiating, altering, or selecting the data or its
recipients.
Section 75 deals with caching, protecting ISPs from legal consequences when
they temporarily and automatically store data for the sole purpose of improving
transmission efficiency.
