3.—(1) A service provider does not commit an offence under section 16 by storing information provided by a recipient of the service if—N.I.
(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.
Commencement Information
I1Sch. 3 para. 3 not in operation at Royal Assent, see s. 30(2)
I2Sch. 3 para. 3 in operation at 27.11.2023 by S.R. 2023/188, art. 3(b) (with art. 4)