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This Practice Note sets out the position on the liability of providers of intermediary services for unlawful and illegal content that is shared or transmitted via their services, and the conditional exemptions from liability set out in the Electronic Commerce (EC Directive) Regulations 2002 (the E-Commerce Regulations 2002), SI 2002/2013. The E-Commerce Regulations 2002 implemented Directive 2000/31/EC (the EU E-Commerce Directive) so these exemptions originally derive from EU law and are classed as assimilated law from the end of 2023. This Practice Note also considers how the UK position regarding the exemptions has or may diverge from the E-Commerce Directive.

The E-Commerce Regulations 2002 contain exemptions from liability in respect of unlawful or illegal content which apply to information society service providers (ISSPs) providing intermediary services.

This Practice Note does not consider in detail the regulatory framework for ISSPs in the EU. For consideration of the EU position, see Practice Note: The liability exemptions/defences under the EU Digital Services Act.