SCHEDULES

F1SCHEDULE 8AOffence under section 58A: supplementary provisions

Annotations:
Amendments (Textual)

Non-UK service providers: restriction on proceedings

3

1

This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).

2

Proceedings for an offence under section 58A must not be brought against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the following conditions are met.

3

The conditions are—

a

that the bringing of proceedings is necessary for one of the following reasons—

i

public policy,

ii

public security, including the safeguarding of national security and defence;

b

that the proceedings are brought against an information society service that prejudices the objectives referred to in paragraph (a) or presents a serious and grave risk of prejudice to those objectives;

c

that the bringing of the proceedings is proportionate to those objectives.