ISPs (Including Hosts) Exempted From Terrorist Offences

The 2002 E-Commerce Regulations provide a number of exemptions to internet service providers (ISPs) for all liability, including where the ISPs are acting as hosts or mere-conduits, or where they cache data. However, these exemptions only apply to laws that were passed before the date that the E-Commerce Regulations were made.

The Terrorism Act 2006 includes a number of offences for which website operators and ISPs could be liable, including encouraging acts of terrorism and disseminating terrorist publications. There is a requirement under the Act to take down illegal material from a website when instructed to do so by a police constable, otherwise the website operator and ISP are regarded as having endorsed any illegal statements or conduct. There are some defences available in the Act, but none as far reaching as those offered by the 2002 E-Commerce Regulations to other criminal offences found in earlier legislation.