8(1)A prohibition notice or prohibition order may not include terms which impose liabilities on service providers of intermediary services so far as the imposition of those liabilities would result in a contravention of Article 12, 13 or 14 of the E-Commerce Directive (various protections for service providers of intermediary services) [F1, reading those Articles as if the requirements imposed on a Member State were imposed on the person giving the notice or the court making the order].U.K.
(2)A prohibition notice or prohibition order may not include terms which impose a general obligation on service providers of intermediary services [F2falling within the descriptions contained in] Article 12, 13 or 14 of the E-Commerce Directive—
(a)to monitor the information which they transmit or store when providing those services, or
(b)actively to seek facts or circumstances indicating illegal activity when providing those services.
Textual Amendments
F1Words in Sch. 4 para. 8(1) inserted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 17(3)(e); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Sch. 4 para. 8(2) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 17(3)(f); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Sch. 4 para. 8 in force at 26.5.2016 by S.I. 2016/553, reg. 2