Psychoactive Substances Act 2016

Protections for service providers of intermediary services

This section has no associated Explanatory Notes

8(1)A prohibition notice or prohibition order may not include terms which impose liabilities on service providers of intermediary services so far as the imposition of those liabilities would result in a contravention of Article 12, 13 or 14 of the E-Commerce Directive (various protections for service providers of intermediary services).

(2)A prohibition notice or prohibition order may not include terms which impose a general obligation on service providers of intermediary services covered by Article 12, 13 or 14 of the E-Commerce Directive—

(a)to monitor the information which they transmit or store when providing those services, or

(b)actively to seek facts or circumstances indicating illegal activity when providing those services.