[SCHEDULE 8A Offence under Section 58A: Supplementary Provisions]

[SCHEDULE 8A Offence under Section 58A: Supplementary Provisions]

[Introduction

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(1)     This Schedule makes supplementary provision relating to the offence in section 58A (eliciting, publishing or communicating information about members of the armed forces etc).

(2)     .Ìý.Ìý.

.Ìý.Ìý.

2

.Ìý.Ìý.

Non-UK service providers: restriction on proceedings

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(1)     This paragraph applies where a service provider is established in an EEA state .Ìý.Ìý. (a “non-UK service providerâ€).

(2)     Proceedings for an offence under section 58A must not be brought against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the following conditions are met.

(3)     The conditions are—

(a)     that the bringing of proceedings is necessary for one of the following reasons—

(i)     public policy,

(ii)     public security, including the safeguarding of national security and defence;

(b)     that the proceedings are brought against an information society service that prejudices the objectives referred to in paragraph (a) or presents a serious and grave risk of prejudice to those objectives;

(c)     that the bringing of the proceedings is proportionate to those objectives.

Exceptions for mere conduits

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(1)     A service

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