F1SCHEDULE 1Anonymity of victims
Special rules for providers of information society services
4
1
Paragraph 2 applies to a domestic service provider who, in the course of providing information society services, publishes prohibited matter in an EEA state other than the United Kingdom (as well as to a person, of any description, who publishes prohibited matter in England and Wales or Northern Ireland).
2
Proceedings for an offence under paragraph 2, as it applies to a domestic service provider by virtue of sub-paragraph (1), may be taken at any place in England and Wales or Northern Ireland.
3
Nothing in this paragraph affects the operation of any of paragraphs 6 to 8.
5
1
Proceedings for an offence under paragraph 2 may not be taken against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is met.
2
The derogation condition is that taking proceedings—
a
is necessary for the purposes of the public interest objective,
b
relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and
c
is proportionate to that objective.
3
“The public interest objective” means the pursuit of public policy.
6
1
A service provider does not commit an offence under paragraph 2 by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, 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.
2
For the purposes of sub-paragraph (1)—
a
providing access to a communication network, and
b
transmitting 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.
3
Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
7
1
A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met.
2
The first condition is that the storage of the information—
a
is automatic, intermediate and temporary, and
b
is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request.
3
The second condition is that the service provider—
a
does not modify the information,
b
complies with any conditions attached to having access to the information, and
c
if sub-paragraph (4) applies, promptly removes the information or disables access to it.
4
This sub-paragraph applies 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.
8
1
A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service if—
a
the service provider had no actual knowledge when the information was provided that it was, or contained, a prohibited publication, or
b
on obtaining actual knowledge that the information was, or contained, a prohibited publication, the service provider promptly removed the information or disabled access to it.
2
Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Sch. 1 inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 71(2), 88(4) (with s. 86(15))