SCHEDULES
SCHEDULE 14Special rules relating to providers of information society services
2Non-UK service providers: restriction on institution of proceedings
1
This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).
2
Proceedings for an offence under section 63 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.