Brunei DarussalamElectronic Transactions Act, liability of network service providers for third-party material
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2020. Publisher's page: http://www.agc.gov.bn/AGC%20Images/LOB/PDF/Electronic%20Transactions%20(chp.196).pdfIn force since .
A linking and framing rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- Applies to a network service provider that merely provides access to third-party material in electronic records, meaning it supplies the technical means to reach the material (including automatic and temporary storage for that purpose); a third party is someone over whom you have no effective control.
- Where you merely provide access, you are shielded from civil or criminal liability under any rule of law for that material, including liability founded on making, publishing, disseminating or distributing it or on an infringement of rights subsisting in it.
- The shield leaves in place any liability founded on contract, on a licensing or regulatory regime, or on a court or statutory order to remove, block or deny access to material.
- Do not assume the shield covers reproducing, framing or linking a publisher's headlines and snippets: no reported Brunei decision has applied it to a news aggregator, and no Brunei statute or case says whether a hyperlink is itself a communication to the public.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What this law does
Section 10(1) shields a network service provider from civil or criminal liability under any rule of law for third-party material in the form of electronic records to which it merely provides access, where that liability is founded on the making, publication, dissemination, or distribution of the material or a statement in it, or on an infringement of rights subsisting in the material.
Section 10(3) defines 'providing access' to mean supplying the necessary technical means by which the material may be accessed, including automatic and temporary storage for that purpose, and defines a 'third party' as a person over whom the provider has no effective control. Section 10(2) preserves any liability founded on contract, on a licensing or regulatory regime, or on a court or statutory order to remove, block, or deny access to material.
No reported Brunei decision has applied section 10 to a news aggregator that reproduces, frames, or links to a publisher's headlines and snippets rather than to a conventional access provider, and no Brunei statute or case addresses whether a hyperlink is itself a communication to the public or whether framing or inline display changes that answer.
When LexLint raises it
When your app profile says your app reuses other publishers' content or crawls the web.
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