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The Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010
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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010 No. 894
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7.—(1) A service provider is only 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 the storage of information provided by a recipient of the service if—
(a)the service provider knew when the information was provided that it was threatening and was provided with the intention of stirring up religious hatred or hatred on the grounds of sexual orientation; or
(b)upon obtaining actual knowledge that the information was threatening and was provided with the intention of stirring up religious hatred or hatred on the grounds of sexual orientation, the service provider did not expeditiously remove the information or disable access to it.
(2) Paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
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