Criminal Justice and Courts Act 2015 (c. 2)

SCHEDULES

SCHEDULE 8 E+W Disclosing private sexual photographs or films: providers of information society services

Non-UK service providers: restriction on institution of proceedings E+W

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

(2) Proceedings for an offence under section 33 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) 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.

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

Commencement Information

I1 Sch. 8 para. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 76