Youth Justice and Criminal Evidence Act 1999 (c. 23)

SCHEDULES

[F1 SCHEDULE 2A U.K. Restriction of reporting of criminal proceedings for lifetime of witnesses and victims under 18: providers of information society services

Textual Amendments

F1 Sch. 2A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 15 para. 2; S.I. 2015/778, art. 3, Sch. 1 para. 81

Non-UK service providers: restriction on institution of proceedings U.K.

2 (1) This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”). U.K.

(2) Proceedings for an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied.

(3) The derogation condition is satisfied where the institution of proceedings—

(a) is necessary for the purposes of the public interest objective,

(b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and

(c) is proportionate to that objective.

(4) “The public interest objective” means the pursuit of public policy.]