Wednesday 23 May 2012

Model Law on Electronic Commerce of the United Nations

Article 9
Admissibility and evidential weight of data messages
1. In any legal proceedings, nothing in the application of the rules of evidence shall apply so as to deny the admissibility of a data message in
(a) On the sole ground that it is a data message; or
(b) If it is the best evidence that the person adducing it could reasonably be expected to obtain, on the grounds that it is not in its
original form.
2. Information in the form of a data message shall be given due evidential weight. In assessing the evidential weight of a data message, regard shall be
had to the reliability of the manner in which the data message was generated, stored or communicated, to the reliability of the manner in which the
integrity of the information was maintained, to the manner in which its originator was identified, and to any other relevant factor.

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