Exception for mere conduits4

1

A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in—

a

the provision of access to a communication network; or

b

the transmission in a communication network of information provided by a recipient of the service,

if the transmission condition is satisfied.

2

The transmission condition is that the service provider does not—

a

initiate the transmission;

b

select the recipient of the transmission; or

c

select or modify the information contained in the transmission.

3

Paragraph (1)(b) does not apply if the information is information to which regulation 5 applies.

4

For the purposes of this regulation, the provision of access to a communication network and the transmission of information in the network includes the automatic, intermediate and transient storage of information for the purpose of carrying out the transmission in the network.

5

Paragraph (4) does not apply if the information is stored for longer than is reasonably necessary for the transmission.