SCHEDULES
SCHEDULE 11B

OFFENCE UNDER SECTION 141G: SUPPLEMENTARY PROVISIONS

Exception for caching
5
1
This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.
2
The service provider is not guilty of an offence under section 141G in respect of the automatic, intermediate and temporary storage of information so provided, if—
a
the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
b
the following conditions are satisfied.
3
The first condition is that the service provider does not modify the information.
4
The second condition is that the service provider complies with any conditions attached to having access to the information.
5
The third condition is that if the service provider obtains actual knowledge that—
a
the information at the initial source of the transmission has been removed from the network,
b
access to it has been disabled, or
c
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information,
the service provider expeditiously removes the information or disables access to it.
Sch. 11B inserted (1.10.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 4; S.I. 2012/2213, art. 3