How To Deal With Unlawful Internet Content Under The Law Of Barbados

The Electronic Transactions Act 2001 (the “ETA”) provides the legal framework for the development of electronic commerce in Barbados. The ETA sets forth several regulations aimed at supporting electronic transactions, and notably specifies how intermediaries, which include Internet Service Providers (“ISP,”) should deal with unlawful, defamatory information in order to limit their liability.

The following questions have been addressed in this article:

What is an intermediary under the ETA?
What is the main rule applicable to the liability of intermediaries in relation to unlawful information?
What should the intermediary do when it knows about unlawful information?
What happens once the Minister is notified?

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