SCHEDULELiability of intermediary information society service providers

Regulation 43

Mere conduits1

1

A service provider does not contravene regulation 43 only by providing access to a communication network, or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not—

a

initiate the transmission;

b

select the recipient of the transmission; or

c

select or modify the information contained in the transmission.

2

For the purposes of sub-paragraph (1), the provision of access to a communication network and the transmission of information in a communication network include the automatic, intermediate and transient storage of the information transmitted if—

a

the storage is solely for the purpose of carrying out the transmission in the network; and

b

the information is not stored for longer than is reasonably necessary for the transmission.

Caching2

1

A service provider does not contravene regulation 43 only 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

in a case to which 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 or access to it has been disabled; or

b

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

Hosting3

1

A service provider does not contravene regulation 43 only by storing information provided by a recipient of the service, if—

a

when the information was provided, the service provider had no actual knowledge that it was, or contained, an electronic cigarette advertisement; and

b

where the service provider subsequently obtained such actual knowledge, the service provider promptly removed the information or disabled access to it.

2

Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.