5(1)A service provider does not commit an offence under section 5(2) by storing information provided by a recipient of the service if—U.K.
(a)the service provider had no actual knowledge when the information was provided that its provision constituted an offence under section 5(2), or
(b)on obtaining actual knowledge that the provision of the information constituted such an offence, 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.
Commencement Information
I1Sch. 4 para. 5 in force at 26.5.2016 by S.I. 2016/553, reg. 2