access, or provides services relating to, or provides connections for, the transmission or routing of data.
Civil action
13.—(1) Where there is a contravention of section 9 or 11 in relation to electronic messages sent to electronic addresses, any person, who has suffered loss or damage as a direct or an indirect result of such contravention, may commence an action in a court against—
- (a) the sender; or
- (b) a person who has contravened section 12(1).
(2) This section shall not affect any liability that any person has under any other written law or rule of law.
Injunction and damages for civil action
14.—(1) Subject to the provisions of this Act, in an action under section 13(1), the types of relief that the court may grant include the following:
- (a) an injunction (subject to such terms, if any, as the court thinks fit);
- (b) damages;
- (c) statutory damages under subsection (3).
(2) The types of relief referred to in paragraphs (b) and (c) of subsection (1) are mutually exclusive.
(3) In any action under section 13(1), the plaintiff shall be entitled, at his election, to—
- (a) damages in the amount of the loss or damage suffered by the plaintiff as a direct or an indirect result of the contravention referred to in section 13(1); or
- (b) statutory damages—
- (i) not exceeding $25 for each electronic message referred to in section 13(1); and
- (ii) not exceeding in the aggregate $1 million, unless the plaintiff proves that his actual loss from such electronic messages exceeds $1 million.
