(2) The provision of access or the transmission referred to in subsection (1) shall include the
automatic, intermediate and transient storage of the information transmitted in so far as this takes
place for the sole purpose of carrying out the transmission in the communication network, and the
information is not stored for any period longer than is reasonably necessary for the transmission.
(3) A hosting provider shall not be criminally liable for the information stored at the request of
a user of the service if the hosting provider-(a) promptly removes or disables access to the information after receiving an order from any
court of law to remove specific stored illegal information; or
(b) in any other manner, obtains knowledge or becomes aware of any illegal information
stored, promptly informs the appropriate authority to enable it to evaluate the nature of
the information and if necessary, issue an order for its removal.
(4) Subsection (3) shall not apply where the user of the service is acting under the authority or
the control of the hosting provider.
(5) Where the hosting provider removes the content after receiving an order pursuant to subsection (3), no liability shall arise from the contractual obligations with the user with regard to the
availability of the service.
(6) A hosting provider who fails to remove or disable access to information in terms of
subsection (3) shall be guilty of an offence and liable to a fine not exceeding level eight or to
imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
(7) A caching provider shall not be criminally liable for the automatic, intermediate or
temporary storage of information where the caching was performed for the sole purpose of making
the onward transmission of the information to other users of the service upon their request more
efficient if the caching provider-(a) does not modify the information;
(b) complies with conditions of access to the information;
(c) complies with rules regarding the updating of the information, specified in a manner widely
recognised and used by industry;
(d) does not interfere with the lawful use of technology, widely recognised and used by
industry, to obtain data on the use of the information; and
(e) acts promptly to remove or to disable access to the information it has stored upon obtaining
knowledge that the information has been removed from the network at the initial source
of the transmission, or that access to it has been disabled, or that a court or an appropriate
public authority has ordered such removal or disablement.
(8) A caching provider who contravenes the conditions set out in subsection (7) shall be guilty
of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not
exceeding two years or to both such fine and such imprisonment.
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