Paragraph 2 I1

(1)

Proceedings for an offence under section 5(2) may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is met.

(2)

The derogation condition is that taking proceedings—

(a)

is necessary for the purposes of the public interest objective,

(b)

relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and

(c)

is proportionate to that objective.

(3)

In this paragraph—

“non-UK service provider” means a service provider established in an EEA state F1...;
“the public interest objective” means the pursuit of public policy.

Annotations

Textual amendments

F1: Words in Sch. 4 para. 2(3) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 17(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Sch. 4 para. 2 in force at 26.5.2016 by S.I. 2016/553, reg. 2