Paragraph 3: Exception for hosting
This paragraph sets out the circumstances in which a service provider is not guilty of an offence under Section 51 where in the course of providing an information society service it stores information provided by a recipient of the service.
The circumstances include that the service provider must have no actual knowledge when the information was provided that it consisted of or included a private sexual photograph or film, that it was provided without the consent of an individual who appears in the photograph or film, or that the disclosure of the photograph or film was with the intention of causing distress to that individual.
The service provider must, on obtaining such knowledge, expeditiously remove the information or disable access to it.
