SCHEDULES

SCHEDULE 3Offence of breach of anonymity: providers of information society services

Exception for hosting

I1I23

1

A service provider does not commit an offence under section 16 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 an offence under section 16, or

b

on obtaining actual knowledge that the information constituted such an offence, 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.