Member

165: After Clause 118, insert the following new Clause— “Exceptions for internet service providers (conduits, caching and hosting)(1) An internet service provider does not commit an offence under section 113, 116, 117 or 118 by—(a) providing access to a communication network, or(b) transmitting, in a communication network, information provided by a user, if the provider does not—(i) initiate the transmission,(ii) select the recipient of the transmission, or(iii) select or modify the information contained in the transmission.(2) The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—(a) is automatic, intermediate and transient,(b) is solely for the purpose of carrying out the transmission in the network, and(c) is for no longer than is reasonably necessary for the transmission.(3) An internet service provider does not commit an offence under section 113, 116, 117 or 118 by storing information provided by a user for transmission in a communication network if—(a) the storage of the information— (i) is automatic, intermediate and temporary, and(ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and(b) the internet service provider—(i) does not modify the information,(ii) complies with any conditions attached to having access to the information, and(iii) upon knowing of a matter within subsection (4), promptly removes the information or disables access to it.(4) The matters within this subsection are—(a) that the information at the initial source of the transmission has been removed from the network;(b) that access to the information has been disabled;(c) that a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.(5) An internet service provider does not commit an offence under section 113, 116, 117 or 118(1) by storing information provided by a user who is not acting under the authority or control of the provider if—(a) when the information was provided, the provider did not know that it was or contained a relevant advertisement, and(b) upon knowing that the information is or contains a relevant advertisement, the provider promptly removes the information or disables access to it.(6) In this section—“internet service provider” means a provider of—(a) a service that is made available by means of the internet, or(b) a service that provides access to the internet;“relevant advertisement” means an advertisement whose purpose is, or effect will be, to promote—(a) a tobacco product,(b) a herbal smoking product,(c) cigarette papers,(d) a vaping product, or(e) a nicotine product;“user” , in relation to an internet service provider, means a user of a service provided by the internet service provider.(7) In the definition of “internet service provider” in subsection (6), a reference to the internet includes a combination of the internet and an electronic communications service (as defined by section 32(2) of the Communications Act 2003).”Member’s explanatory statement This creates exceptions to the advertising offences in relation to mere conduit services, caching services, and hosting services.