RA 8792: Electronic Commerce Act

Section 30. Extent of Liability of a Service Provider. — Except as otherwise provided in this Section, no person or party shall be subject to any civil or criminal liability in respect of the electronic data message or electronic document for which the person or party acting as a service provider as defined in Section 5, merely provides access if such liability is founded on —

  1. The obligations and liabilities of the parties under the electronic data message or electronic document;

  2. The making, publication, dissemination or distribution of such material or any statement made in such material, including possible infringement of any right subsisting in or in relation to such material: Provided, That

    1. The service provider does not have actual knowledge, or is not aware of the facts or circumstances from which it is apparent, that the making, publication, dissemination or distribution of such material is unlawful or infringes any rights subsisting in or in relation to such material;

    2. The service provider does not knowingly receive a financial benefit directly attributable to the unlawful or infringing activity; and

    3. The service provider does not directly commit any infringement or other unlawful act and does not induce or cause another person or party to commit any infringement or other unlawful act and/or does not benefit financially from the infringing activity or unlawful act of another person or party: Provided, further, That nothing in this Section shall affect —

      1. Any obligation founded on contract;

      2. The obligation of a service provider as such under a licensing or other regulatory regime established under written law; or

      3. Any obligation imposed under any written law;

      4. The civil liability of any party to the extent that such liability forms the basis for injunctive relief issued by a court under any law requiring that the service provider take or refrain from actions necessary to remove, block or deny access to any material, or to preserve evidence of a violation of law.