Regulation 6 Exception for hosting
A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if—
the service provider had no actual knowledge when the information was provided that it contained offending material; or
on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.
“Offending material” means material the possession of which constitutes a relevant offence.
Paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.