Schedules
Schedule 12Encouraging or assisting suicide: providers of information society services
Non-UK service providers: restriction on institution of proceedings
I13
1
This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).
2
Proceedings for a relevant offence 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 satisfied.
3
“Relevant offence” means an offence under—
a
section 2 of the Suicide Act 1961 (c. 60) (criminal liability for complicity in another's suicide), or
b
section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (criminal liability for complicity in another's suicide).
4
The derogation condition is satisfied where the institution of 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.
5
“The public interest objective” means the pursuit of public policy.