SCHEDULES

SCHEDULE 3Paedophile manuals: providers of information society services

Exception for caching

I15

1

A service provider does not commit an offence under section 69(1) by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met.

2

The first condition is that the storage of the information—

a

is automatic, intermediate and temporary, and

b

is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request.

3

The second condition is that the service provider—

a

does not modify the information,

b

complies with any conditions attached to having access to the information, and

c

if sub-paragraph (4) applies, promptly removes the information or disables access to it.

4

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,

b

access to it has been disabled, or

c

a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.