Interpretation
6(1)This paragraph applies for the purposes of this Schedule.
(2)“Prohibited image of a child” has the same meaning as in section 62.
(3)“Information society services”—
(a)has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
(b)is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
(4)“Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.
(5)“Service provider” means a person providing an information society service.
(6)For the purpose of construing references in this Schedule to a service provider who is established in a part of the United Kingdom or in some other EEA state—
(a)a service provider is established in a particular part of the United Kingdom, or in a particular EEA state, if the service provider—
(i)effectively pursues an economic activity using a fixed establishment in that part of the United Kingdom, or that EEA state, for an indefinite period, and
(ii)is a national of an EEA state or a company or firm mentioned in Article 48 of the Treaty establishing the European Community;
(b)the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;
(c)where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider’s activities relating to that service.