SCHEDULE 1

Liability of intermediary information society service providers
Regulation 43

Mere conduits
1
1
A service provider does not contravene regulation 43 only by providing access to a communication network, or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not—
a
initiate the transmission;
b
select the recipient of the transmission; or
c
select or modify the information contained in the transmission.
2
For the purposes of sub-paragraph (1), the provision of access to a communication network and the transmission of information in a communication network include the automatic, intermediate and transient storage of the information transmitted if—
a
the storage is solely for the purpose of carrying out the transmission in the network; and
b
the information is not stored for longer than is reasonably necessary for the transmission.

Caching
2
1
A service provider does not contravene regulation 43 only by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met.
2
The first condition is that the storage of the information—
a
is automatic, intermediate and temporary; and
b
is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request.
3
The second condition is that the service provider—
a
does not modify the information;
b
complies with any conditions attached to having access to the information; and
c
in a case to which sub-paragraph (4) applies, promptly removes the information or disables access to it.
4
This sub-paragraph applies if the service provider obtains actual knowledge that—
a
the information at the initial source of the transmission has been removed from the network or access to it has been disabled; or
b
a court or administrative authority has required the removal from the network of, or the disablement of access to, the information.

Hosting
3
1
A service provider does not contravene regulation 43 only by storing information provided by a recipient of the service, if—
a
when the information was provided, the service provider had no actual knowledge that it was, or contained, an electronic cigarette advertisement; and
b
where the service provider subsequently obtained such actual knowledge, 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.
Sch. 1: Sch. renumbered as Sch. 1 (1.1.2017) by The Tobacco and Related Products (Amendment) Regulations 2016 (S.I. 2016/1127), regs. 2(2), 3(2)