s 2D Meaning of “provider” of online communication service
2D.—(1) Subject to this section, in this Act, the provider of an online communication service is the entity that has control over —(a) who can use the online communication service that is specified in the Fourth Schedule; (b) the operations of the characteristics of the electronic service that are specified in the Fourth Schedule in respect of the online communication service; or (c) which content is communicated or provided on the online communication service. (2) Where an online communication service is generated by a machine, the entity that controls the machine (and that entity alone) is to be treated as being the provider of the online communication service. (3) However, if no entity controls the machine mentioned in subsection (2), but an individual controls or individuals control the machine, the provider of the online communication service is to be treated as being that individual or those individuals. (4) If no entity has control over —(a) who can use the online communication service that is specified in the Fourth Schedule; (b) the operations of the characteristics of the electronic service that are specified in the Fourth Schedule in respect of the online communication service; or (c) which content is communicated or provided on the online communication service, but an individual has or individuals have control over who can do so, then that individual or those individuals is or are to be treated as being the provider of the online communication service. (5) Despite subsection (1), a person that provides an internet access service through which content on an online communication service may be accessed by end-users of the online communication service, is not to be treated as a person who has control over who can use the online communication service for the purposes of this Act. (6) Part 10A regulations may be made to specify who is to be treated as a provider of an online communication service where more than one entity is treated as the provider thereof under subsection (1).[Act 38 of 2022 wef 01/02/2023]