Paragraph 4 I1

(1)

This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

(2)

The service provider is not capable of being guilty of an offence under section 63 F1, 67A F2, 67E F3or 67H in respect of the automatic, intermediate and temporary storage of information so provided, if—

(a)

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

(b)

the condition in sub-paragraph (3) is satisfied.

(3)

The 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)

(where sub-paragraph (4) applies) expeditiously 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.

Annotations

Textual amendments

F1: Word in Sch. 14 para. 4(2) inserted (6.11.2026) by Crime and Policing Act 2026 (c. 20), ss. 104(3)(a), 255(1)(8)(h); S.I. 2026/1090, reg. 2(a)
F2: Word in Sch. 14 para. 4(2) inserted (6.11.2026) by Crime and Policing Act 2026 (c. 20), ss. 106(3), 255(1); S.I. 2026/1090, reg. 2(c)
F3: Words in Sch. 14 para. 4(2) inserted (6.11.2026) by Crime and Policing Act 2026 (c. 20), ss. 107(3), 255(1); S.I. 2026/1090, reg. 2(d)

Commencement

I1: Sch. 14 para. 4 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)