Page:Electronic Transactions Act 2010.pdf/23

24 of third-party material in the form of electronic records to which he merely provides access if such liability is founded on—
 * (a) the making, publication, dissemination or distribution of such materials or any statement made in such material; or
 * (b) the infringement of any rights subsisting in or in relation to such material.

(2) Nothing in this section shall affect—
 * (a) any obligation founded on contract;
 * (b) the obligation of a network service provider as such under a licensing or other regulatory regime established under any written law;
 * (c) any obligation imposed under any written law or by a court to remove, block or deny access to any material; or
 * (d) any liability of a network service provider under the Copyright Act (Cap. 63) in respect of—
 * (i) the infringement of copyright in any work or other subject-matter in which copyright subsists; or
 * (ii) the unauthorised use of any performance, the protection period of which has not expired.

(3) In this section—
 * “performance” and “protection period” have the same meanings as in Part XII of the Copyright Act;
 * “provides access”, in relation to third-party material, means the provision of the necessary technical means by which third-party material may be accessed and includes the automatic and temporary storage of the third-party material for the purpose of providing access;
 * “third-party”, in relation to a network service provider, means a person over whom the provider has no effective control.