The Extreme Pornography (Electronic Commerce Directive) (Scotland) Amendment Regulations 2011
Citation, commencement and extent
1.
(1)
These Regulations may be cited as the Extreme Pornography (Electronic Commerce Directive) (Scotland) Amendment Regulations 2011 and come into force on 28th March 2011.
(2)
These Regulations extend to Scotland only.
Amendment of the Extreme Pornography (Electronic Commerce Directive) (Scotland) Regulations 2011
2.
3.
In regulation 4 (exception for mere conduits), in paragraph (2)(b) for “or” substitute “and”.
St Andrew’s House,
Edinburgh
These Regulations amend regulation 4(2)(b) of the Extreme Pornography (Electronic Commerce Directive) (Scotland) Regulations 2011 (“the principal Regulations”).
Regulation 4 of the principal Regulations sets out the circumstances in which a “service provider” may be exempt from liability as a “mere conduit” (both terms are defined in the principal Regulations). The amendment to regulation 4(2)(b) of the principal Regulations makes clear that the “transmission condition” (as defined in the principal Regulations) consists of cumulative, not alternative requirements.