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The Tobacco and Related Products Regulations 2016

Status:

This is the original version (as it was originally made).

Regulation 43

SCHEDULELiability of intermediary information society service providers

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.

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