Persons whose activity consists in providing access to electronic communication services must inform their subscribers of the existence of technical means of restricting access to certain services of choosing them and propose to them at least one of such means
The persons in charge, even gratuitously, of the storage of signals, written material, images, sound or messages of any nature supplied by the users of such services may be liable.
However, the liability shall not apply where:
- The said persons were not effectively aware of the illicit nature of the facts or circumstances characterizing them as such;
- Once they became aware of the facts, acted promptly to withdraw such data or render them inaccessible.
Persons referred to above shall be bound to preserve, for a period of 10 (ten) years, data enabling the identification of any person who contributed to the creation of the content of the services they provided.
They shall provide the persons who edit electronic communication services with the technical means enabling them to fulfil the identification conditions.
A judicial authority may request the providers to communicate communication data.
The competent court shall rule within a maximum time-limit of 30 (thirty) days, on all measures to prevent or stop any damage caused by the content of an electronic communication service.
Persons engaged in editing electronic communication services shall inform the public of:
- Their full name, domicile and telephone numbers and, where they are subject to trade registration, personal property loan formalities and their registration number, in case of corporate bodies;
- Their company or corporate name and head offices, telephone numbers and, where they are corporate bodies subject to trade registration, personal property loan formalities, their registration number, share capital, head office addresses, in case of corporate bodies;
- The name of the publisher or co-publisher and, where necessary, that of the editor in chief; etc.
Persons editing an electronic communication’s service may place at the disposal of the public only the name, company or corporate name and the address of the provider.
Right to Victims of Defamation
Any person who is victim of defamation by means of an electronic communication’s service shall have the right to reply and may request for correction.
Conditions for the insertion of a rejoinder of reply shall be those provided for by the instrument in force.
Any person engaged in transmitting electronic access to an electronic communications network may be not liable where they:
- Requested the contentious transmission;
- Select or modify the content transmitted.
Any person whose activity, for the sole purpose of rendering its subsequent transmission more efficient, is the automatic, intermediary and temporary storage of content transmitted by a provider, may be criminally or civilly liable in respect of such content only in the case where they modify such content, do not comply with the required conditions of access and ordinary updating rules or where they impede the licit and normal use of the technology used to obtain data.