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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—
(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.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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