SCHEDULES

SCHEDULE 1Unauthorised association: providers of information society services

Exception for hosting

3

(1)

A service provider does not breach section 3(1) 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 its provision constituted a breach of section 3(1), or

(b)

on obtaining actual knowledge that the provision of the information constituted such a breach, 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.