s 45M Duty of regulated online communication service provider
45M.—(1) Every provider of a regulated online communication service has the duty to take all reasonably practicable steps to comply with the online Code of Practice applicable to the provider in the provision of the regulated online communication service. (2) Where it is alleged for the purposes of this Act that any provider of a regulated online communication service failed to comply with the duty under subsection (1), it is for the provider to show that —(a) it was not reasonably practicable to do more than what was in fact done to satisfy that duty; and (b) there was no better practicable means than was in fact used to satisfy that duty. (3) A requirement of an online Code of Practice applicable to a provider of a regulated online communication service has effect despite —(a) any duty of confidentiality or privacy imposed by any rule of law; or (b) any duty imposed by any contract or any rule of professional conduct, that prevents the provider from complying with that requirement or restricts the provider in such compliance. (4) No civil or criminal liability is incurred by a provider of a regulated online communication service or an officer, employee or agent of such a provider, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a requirement of the online Code of Practice. (5) An online Code of Practice otherwise does not have legislative effect.[Act 38 of 2022 wef 01/02/2023]