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The Electronic Commerce Directive (Racial and Religious Hatred Act 2006) Regulations 2007
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- UK Statutory Instruments
- 2007 No. 2497
- Regulation 4
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Internal market: non-UK service providers
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4.—(1) Proceedings for a relevant offence shall not be instituted against a non-UK service provider unless the derogation condition is satisfied.
(2) The derogation condition is satisfied where the institution of proceedings—
(a)is necessary to pursue 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 it; and
(c)is proportionate to that objective.
(3) The public interest objective is public policy, in particular the prevention, investigation, detection and prosecution of a relevant offence.
(4) In this regulation “non-UK service provider” means a service provider who is established in an EEA state other than the United Kingdom.
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