The Extreme Pornography (Electronic Commerce Directive) (Scotland) Amendment Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 4(2)(b) of the Extreme Pornography (Electronic Commerce Directive) (Scotland) Regulations 2011 (“the principal Regulations”).

The principal Regulations give effect to Directive 2000/31/EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market in relation to the offence of possessing an extreme pornographic image. The offence of possessing an extreme pornographic image is contained in section 51A of the Civic Government (Scotland) Act 1982(1).

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.

(1)

1982 c.45; section 51A was inserted by section 42(2) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).