Point in time view as at 24/04/2017. This version of this cross heading contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, Cross Heading: Exceptions for mere conduits.
Valid from 03/07/2017
1(1)A service provider is not capable of being guilty of an offence under section 2 in respect of anything done in the course of providing so much of an information society service as consists in—S
(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 transmission condition is satisfied.
(2)The transmission condition is satisfied if 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 as 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.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
