SCHEDULES

SCHEDULE 8Disclosing private sexual photographs or films: providers of information society services

Non-UK service providers: restriction on institution of proceedings

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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 33 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.