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The Extreme Pornography (Electronic Commerce Directive) (Scotland) Regulations 2011

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Non-UK service providers: restriction on institution of proceedings

3.—(1) Proceedings for a relevant offence shall not be instituted against a non-UK service provider unless the derogation condition is satisfied.

(2) The derogation condition is satisfied where the institution of proceedings—

(a)is necessary for the purposes of the public interest objective;

(b)relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it; and

(c)is proportionate to that objective.

(3) The public interest objective means the pursuit of public policy, in particular the prevention, investigation, detection and prosecution of a relevant offence.

(4) In this regulation “non-UK service provider” means a service provider who is established in an EEA state other than the United Kingdom.

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