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.