Digital Economy Act 2017

24 No power to give notice under section 23(1) where detrimental to national security etc

(1) Before giving a notice under section 23(1) requiring an internet service provider to—

(a) take steps referred to in section 23(2)(c)(i), or

(b) put in place arrangements referred to in section 23(2)(c)(ii),

the regulator must consider whether the steps or arrangements would be likely to be detrimental to a matter mentioned in subsection (3).

(2) The regulator may not give a notice under section 23(1) where it appears to the regulator that the steps or arrangements would be likely to be detrimental to any of those matters.

(3) The matters are—

(a) national security;

(b) the prevention or detection of serious crime, within the meaning given in section 263(1) of the Investigatory Powers Act 2016;

(c) the prevention or detection of an offence listed in Schedule 3 to the Sexual Offences Act 2003.