5(1)A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if—E+W+N.I.
(a)the service provider had no actual knowledge when the information was provided that it contained offending material, or
(b)on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.
(2)“Offending material” means material the possession of which constitutes an offence under section 63.
(3)Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Commencement Information
I1Sch. 14 para. 5 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)