5 Exception for mere conduits
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 6 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.