Electronic Transactions Act 2000, intermediary liability limitation
Electronic Transactions Act No. 24 of 2000 (Vanuatu), Cap 263
In force since .
A linking and framing rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- Applies to you as an intermediary: a person who, on behalf of another, sends, receives, stores or provides other services with respect to an electronic record.
- You are not subject to civil or criminal liability for information in a record you carry if you were not its originator, have no actual knowledge that it gives rise to liability, and are not aware of facts or circumstances from which the likelihood of liability ought reasonably to have been known.
- You need not monitor the information you carry to establish such knowledge.
- Remove information as soon as practicable, and notify the Minister or the appropriate law enforcement agency, once you acquire actual knowledge that it gives rise to civil or criminal liability.
- If you become aware of facts suggesting a likelihood of liability, follow an approved code of conduct or notify the Minister, who may then direct removal.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MANAGE 4.1Post-deployment AI system monitoring plans are implemented, including mechanisms for capturing and evaluating input from users and other relevant AI actors, appeal and override, decommissioning, incident response, recovery, and change management.
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 26 provides that an intermediary, defined as a person who on behalf of another sends, receives, stores, or provides other services with respect to an electronic record, is not subject to civil or criminal liability for information in a record it carries if it was not the originator, has no actual knowledge that the information gives rise to liability, and is not aware of facts or circumstances from which the likelihood of liability ought reasonably to have been known; section 26(2) states the intermediary is under no duty to monitor the information it carries to establish such knowledge.
Section 27 requires an intermediary that acquires actual knowledge that carried information gives rise to civil or criminal liability to remove it as soon as practicable and notify the Minister or the appropriate law enforcement agency, and requires an intermediary that becomes aware of facts suggesting a likelihood of liability to follow an approved code of conduct or notify the Minister, who may then direct removal.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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