SCHEDULES
F1SCHEDULE 1AProhibition on publication of certain matters: providers of information society services
Exception for hosting
5
1
A service provider is not capable of being guilty of an offence under section 39 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if sub-paragraph (2) or (3) is satisfied.
2
This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided that it consisted of or included matter whose inclusion in a publication is prohibited by a direction under section 39.
3
This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it.
4
Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Sch. 1A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 15 para. 1; S.I. 2015/778, art. 3, Sch. 1 para. 81 (with Sch. 2 para. 5)