BELIZE
Since October 2021
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2021
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. Under Section 46 of the Act, intermediaries or electronic commerce service providers are not subject to civil or criminal liability for information in an electronic record they did not originate, provided they meet the following conditions:
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
Coverage Internet intermediaries
BELIZE
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Belize imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector
BELIZE
Since June 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Belize is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BELIZE
Since June 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright Act, 2000
Belize has a clear regime under the Copyright Act 2000 of copyright exceptions that follow the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 55-85 list the exceptions, which include: research and private study (Art 56); criticism, review, and reporting (Art 57); educational purposes (Arts. 60-65); copying by librarians or archivists (Arts. 66 to 70); public administration (Arts.71-72); literary, dramatic, musical, or artistic works (Sections 76-80); among others.
Coverage Horizontal
BELIZE
Since November 2018, entry into force in February 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Belize has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BELIZE
Since November 2018, entry into force in February 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Copyright Treaty
Belize has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BELIZE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Belize lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them in the Freedom of Information Act, 1994 (Art. 29) and the Public Sector Data Sharing Act, 2021 (Art. 11).
Coverage Horizontal
BELIZE
Since August 2010
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Infrastructure Sharing Regulations, 2010
According to Art. 4 of the Infrastructure Sharing Regulations, all licensees shall (i) have a right and, when requested, an obligation to negotiate the sharing of infrastructure and facilities with each other for the purpose of providing public telecommunications services, or for any other purpose deemed to be in the public interest by the Commission; (ii) negotiate in good faith with each other on matters concerning the sharing of infrastructure and facilities; (iii) neither withdraw from nor impair arrangements for the sharing of infrastructure and facilities once already granted, unless authorised to do so by the Commission. Furthermore, pursuant to Art. 7 of the Regulations, a licensee shall provide infrastructure and facilities sharing under the same terms and conditions as that offered to any other licensee.
Coverage Telecommunications sector
BELIZE
Since August 2009
Since August 2002, as amended in November 2011
Since September 1981, as amended in October 2011
Since August 2002, as amended in November 2011
Since September 1981, as amended in October 2011
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009
Telecommunication Act, 2002
Belize Constitution (Eighth Amendment) Act 2011
Telecommunication Act, 2002
Belize Constitution (Eighth Amendment) Act 2011
It is reported that the Government of Belize currently owns 83.6% of the shares, with 34.3% held by the Social Security Board under the Ministry of Finance and 49.3% held by the Ministry of Telecommunications.
In August 2009, the Government of Belize nationalised the British telecom company Telemedia, now known as Belize Telemedia Limited, acquiring 94% of its shares through the Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009. In June 2011, the Court of Appeal declared the 2009 acquisition legislation unconstitutional, rendering it null and void (Civil Appeal No. 30 of 2010). However, within weeks of the Court's decision, the government enacted the Telecommunications (Amendment) Act 2011 and issued subsidiary orders to reacquire 94% of the shares. The acquisition has also been confirmed with the Belize Constitution (Eighth Amendment) Act 2011.
In August 2009, the Government of Belize nationalised the British telecom company Telemedia, now known as Belize Telemedia Limited, acquiring 94% of its shares through the Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009. In June 2011, the Court of Appeal declared the 2009 acquisition legislation unconstitutional, rendering it null and void (Civil Appeal No. 30 of 2010). However, within weeks of the Court's decision, the government enacted the Telecommunications (Amendment) Act 2011 and issued subsidiary orders to reacquire 94% of the shares. The acquisition has also been confirmed with the Belize Constitution (Eighth Amendment) Act 2011.
Coverage Belize Telemedia Limited
Sources
- https://www.globaltradealert.org/intervention/12215/fdi-treatment-and-operations-nes/belize-nationalization-of-telemedia
- https://www.livedigi.com/uploaded/Digi/AGM/2022/Annual%20Report%202021-2022.pdf
- https://www.socialsecurity.org.bz/board-of-directors/
- https://www.constituteproject.org/constitution/Belize_2011
- https://sso.agc.gov.sg/Acts-Supp/19-2011/Published/20120120?DocDate=20120120
- Show more...
BELIZE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Belize does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation. In addition, according to Art. 30 of the Telecommunications Act, the Public Utilities Commission of Belize may prescribe reasonable accounting procedures in accordance with international accounting and costing standards to determine the cost of operations, which shall be followed and implemented by all public telecommunication service providers.
Coverage Telecommunications sector
BELIZE
Since August 2002
Pillar Telecom infrastructure & competition |
Sub-pillar Licensing restrictions to operate in the telecom market
Telecommunication Act, 2002
According to Art. 16 of the Telecommunications Act, the Public Utilities Commission of Belize (PUC) may consider any element of national interest, policy or security in granting a license. In addition, under Art. 18, the PUC, in granting the license, shall require the licensee, at the request of the Government, to cooperate with the Minister in national security matters. In addition, according to Art. 19, the PUC may suspend, modify, revoke or refuse to renew a license for national security or public interest reasons.
Coverage Telecommunications sector
BELIZE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Partial commitment to the WTO Telecom Reference Paper
Belize has only partially attached the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
BELIZE
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Belize is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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BELIZE
Since April 2011
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Finance and Audit (Reform) Act, 2011
According to Art. 21 of the Finance and Audit (Reform) Act 2011, a limited tender procedure may be established due to national security or for reasons of national emergency. According to Art. 2, a limited tender procedure means a procurement in which the Government does not call for any tender or in which the Government individually invites suppliers to submit a bid for a contract.
Coverage Horizontal