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.