Tobacco Advertising and Promotion Act 2002 (c. 36)

[F1 SCHEDULE U.K. INFORMATION SOCIETY SERVICE PROVIDERS

Textual Amendments

F1 Sch. inserted (28.9.2006) by Tobacco Advertising and Promotion Act 2002 (Amendment) Regulations 2006 (S.I. 2006/2369), regs. 1(1), 9

Exception for caching U.K.

3. (1) This paragraph applies to information which— U.K.

(a) is provided by a recipient of an information society service, and

(b) is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient.

(2) A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the transmission in a communication network of information to which this paragraph applies if—

(a) the service provider does not modify the information;

(b) he complies with any conditions attached to having access to the information;

(c) in a case to which sub-paragraph (3) applies, the service provider expeditiously removes the information or disables access to it.

(3) This sub-paragraph applies if the service provider obtains actual knowledge that—

(a) the information at the initial source of the transmission has been removed from the network, or

(b) access to it has been disabled.]