Non-UK service providers – restriction on institution of proceedings6
1
Proceedings for an offence specified in paragraph (2) may not be instituted against a non-UK service provider in respect of anything done in the course of provision of information society services unless the derogation condition is satisfied.
2
The offences referred to in paragraph (1) are—
a
the children’s hearings publishing restrictions offence;
b
the extended children’s hearings publishing restrictions offence;
c
the extended fatal accident inquiries publishing restrictions offence;
d
the fatal accident inquiries publishing restrictions offence;
e
the human trafficking offence;
f
the human trafficking (Northern Ireland) offence;
g
the human trafficking (Scotland) offence;
h
the intimate images offence;
i
the threatening communications offence;
j
the traffic in prostitution offence.
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 it; and
c
is proportionate to that objective.
4
The public interest objective means the pursuit of public policy.
5
In this regulation “non-UK service provider” means a service provider who is established in an EEA state other than the United Kingdom.