SCHEDULES

SCHEDULE 4PRIVATE SEXUAL PHOTOGRAPHS ETC: PROVIDERS OF INFORMATION SOCIETY SERVICES

Exception for caching

2

1

This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

2

The service provider is not capable of committing an offence under section 51 in respect of the automatic, intermediate and temporary storage of information so provided, if—

a

the storage of information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

b

the condition in sub-paragraph (3) is satisfied.

3

The condition is that the service provider—

a

does not modify the information,

b

complies with any conditions attached to having access to the information, and

c

where sub-paragraph (4) applies, expeditiously removes the information or disables access to it.

4

This sub-paragraph applies if the service provider obtains actual knowledge that—

a

the information at the initial source of the transmission has been removed from the network,

b

access to it has been disabled, or

c

a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.