Defence to section 124 for hosting11
1
Notwithstanding section 124(2) of the Act and unless paragraph (2) applies, a person providing an information society service which consists of the storage of information provided by a recipient of the service shall not be guilty of an offence under section 124 of the Act as a result of that storage unless—
a
it is proved that he knew that section 123 applied to the information; or
b
upon becoming aware that section 123 applied to the information, that person failed to act expeditiously to remove or to disable access to the information.
2
This paragraph applies where the recipient of the service was acting under the authority or the control of the service provider.