Schedules

Schedule 12Encouraging or assisting suicide: providers of information society services

3Non-UK service providers: restriction on institution of proceedings

1

This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).

2

Proceedings for a relevant offence may not be instituted 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 satisfied.

3

“Relevant offence” means an offence under—

a

section 2 of the Suicide Act 1961 (c. 60) (criminal liability for complicity in another’s suicide), or

b

section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (criminal liability for complicity in another’s suicide).

4

The derogation condition is satisfied where the institution of 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.

5

“The public interest objective” means the pursuit of public policy.