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Hate Crime and Public Order (Scotland) Act 2021

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Exceptions for mere conduits

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1(1)A service provider does not commit an offence under section 3 or 4 in respect of the information transmitted 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,

include 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.

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