Section 9: Liability of network service providers

9. Liability of network service providers (1) Subject to subsection (2), a network service provider shall not be subject to any civil or criminal liability in respect of third-party material in the form of an electronic record to which he merely provides access where such liability is limited to— (a) the making, publication, dissemination or distribution of such materials or any statement made in such material; or (b) the infringement of any right subsisting in or in relation to such material. [Issue 7] E5 – 6 Revised Laws of Mauritius (2) Nothing in this section shall affect— (a) an obligation founded on contract; (b) the obligation of a network service provider as such under a licensing or other regulatory regime established under any enactment; or (c) any obligation imposed under any enactment or by a Court to remove, block or deny access to any material. (3) For the purposes of this section— “provide access”, in relation to third-party material— (a) means provide the necessary technical means by which thirdparty material may be accessed; and (b) 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. PART IV — ELECTRONIC CONTRACTS