Abstract
Internet Service Providers (ISPs) regulatory law is based on the principles of common law in Pakistan under “The Prevention of Electronic Crimes Act 2016” especially the specific actual knowledge clause. As per the clause, ISPs can be held liable for online defamatory contents as soon as they acknowledge them, and they do not remove them in reasonable time from the website. The famous case Byrean v Dean [1937]1 K.B. 1818 was decided on the same principle of acquaintance. On the other hand, the situations in developed nations like the UK or USA have become absolutely different as they have enacted moderate laws to govern ISPs on modern needs and requirements, hence, by leaving behind common law principles of dissemination of defamatory material. The paper examines the approach adopted by Pakistan on ISPs in the context of specific actual knowledge clause. Furthermore, following questions have been tried to sort out. What is actual knowledge when is it deemed to have been acquired by the ISPs regarding defamatory online material? Can the ISP edit online objectionable contents on its own motion without being declared as co-publisher by the courts? Whether specific actual knowledge is not attained by the ISPs after editing the online defamatory contents? The legal approaches adopted by the USA and UK have also been examined for better understanding of the law in Pakistan.
Keyword(s)
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