3(1)A service provider does not breach section 3(1) 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 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.