3(1)A service provider is not capable of being guilty of an offence under section 62(1) in respect of anything done in the course of providing so much of an information society service as consists in—E+W+N.I.
(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 condition in sub-paragraph (2) is satisfied.
(2)The 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)For the purposes of sub-paragraph (1)—
(a)the provision of access to a communication network, and
(b)the transmission of information in a communication network,
includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
(4)Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.