§ 322 — Protection against liability for removing or disabling access to electronic copy under section 317, 318 or 319

322.—(1) If subsection (2), (3) or (4) applies, a NSP is not, despite any contrary written law or rule of law, liable under any rule of law for acting to —(a)

remove an electronic copy from its primary network; or

(b)

disable access to an electronic copy on its primary network or another network.

(2) This subsection applies if —(a)

the NSP acted —(i)

in good faith; and

(ii)

in reliance on a take‑down notice under section 317(2)(b) (system caching); and

(b)

any prescribed condition is met.

(3) This subsection applies if —(a)

the NSP acted —(i)

in good faith; and

(ii)

in reliance on a take‑down notice served by a person (X) under section 318(2)(b)(iii) or 319(2)(b)(iii) (storage or locating information);

(b)

the NSP expeditiously takes reasonable steps to —(i)

notify the person (Y) who made the electronic copy available on the relevant network of the removal or disabling; and

(ii)

provide Y with a copy of the take‑down notice;

(c)

the NSP takes the following steps if the NSP is served with a restoration notice within the prescribed time by a person purporting to be or to be acting on behalf of Y:(i)

subject to any written law on privacy or data protection, the NSP expeditiously provides a copy of the restoration notice to X;

(ii)

the NSP expeditiously notifies X, stating that the NSP will take reasonable steps to restore the electronic copy or access to the electronic copy, but only if —(A)

the restoration is technically and practically feasible; and

(B)

within 10 working days after the notification —(BA)

no proceedings are brought by or on behalf of the rights owner of the electronic copy to prevent the restoration; or

(BB)

the NSP is not informed in writing of the proceedings;

(d)

the NSP takes reasonable steps to restore the electronic copy, or to restore access to the electronic copy, if the conditions in paragraph (c)(ii) are met;

(e)

the steps mentioned in paragraph (d) are taken (if they have to be taken) not less than 10 and not more than 14 working days after the date of the notification in paragraph (c)(ii); and

(f)

any prescribed condition is met.

(4) This subsection applies if —(a)

the NSP acted —(i)

in good faith; and

(ii)

in reliance on the knowledge mentioned in section 318(2)(b)(i) or (ii) or 319(2)(b)(i) or (ii) (storage or locating information);

(b)

the NSP expeditiously takes reasonable steps to notify the person (Y) who made the electronic copy available on the relevant network of the removal or disabling;

(c)

the NSP takes reasonable steps to restore the electronic copy or access to the electronic copy, but only if —(i)

the NSP is served with a restoration notice within the prescribed time by a person purporting to be or to be acting on behalf of Y;

(ii)

within 10 working days after the date on which the restoration notice is served on the NSP —(A)

no proceedings are brought by or on behalf of the rights owner of the electronic copy to prevent the restoration; or

(B)

the NSP is not informed in writing of the proceedings; and

(iii)

the restoration is technically and practically feasible;

(d)

the steps mentioned in paragraph (c) are taken (if they have to be taken) not less than 10 and not more than 14 working days after the date on which the restoration notice is served on the NSP; and

(e)

any prescribed condition is met.

(5) Subsections (1), (2), (3) and (4) apply whether or not it is ultimately decided that the NSP committed a rights infringement mentioned in section 317(1), 318(1) or 319(1).

(6) Despite anything to the contrary in any written law or rule of law, a NSP is not liable under any rule of law if —(a)

the NSP acts in good faith to —(i)

restore an electronic copy to the NSP’s primary network; or

(ii)

restore access to an electronic copy on any network; and

(b)

the restoration was done in reliance on a restoration notice under subsection (3)(c) or (4)(c)(i).

(7) A NSP must not be treated as authorising an act that is a rights infringement just because one (but not more) of the following circumstances applies:(a)

the NSP provides a facility that is used by another person to do that act;

(b)

the NSP is served with a take‑down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii) (system caching, storage or locating information), or a notice under section 326(2)(b) (intention to apply for access disabling order), in respect of that act;

(c)

the NSP has the knowledge mentioned in section 318(2)(b)(i) or (ii) or 319(2)(b)(i) or (ii) (storage or locating information) in respect of that act.

—(1) If subsection (2), (3) or (4) applies, a NSP is not, despite any contrary written law or rule of law, liable under any rule of law for acting to —(a)

remove an electronic copy from its primary network; or

(b)

disable access to an electronic copy on its primary network or another network.

(2) This subsection applies if —(a)

the NSP acted —(i)

in good faith; and

(ii)

in reliance on a take‑down notice under section 317(2)(b) (system caching); and

(b)

any prescribed condition is met.

(3) This subsection applies if —(a)

the NSP acted —(i)

in good faith; and

(ii)

in reliance on a take‑down notice served by a person (X) under section 318(2)(b)(iii) or 319(2)(b)(iii) (storage or locating information);

(b)

the NSP expeditiously takes reasonable steps to —(i)

notify the person (Y) who made the electronic copy available on the relevant network of the removal or disabling; and

(ii)

provide Y with a copy of the take‑down notice;

(c)

the NSP takes the following steps if the NSP is served with a restoration notice within the prescribed time by a person purporting to be or to be acting on behalf of Y:(i)

subject to any written law on privacy or data protection, the NSP expeditiously provides a copy of the restoration notice to X;

(ii)

the NSP expeditiously notifies X, stating that the NSP will take reasonable steps to restore the electronic copy or access to the electronic copy, but only if —(A)

the restoration is technically and practically feasible; and

(B)

within 10 working days after the notification —(BA)

no proceedings are brought by or on behalf of the rights owner of the electronic copy to prevent the restoration; or

(BB)

the NSP is not informed in writing of the proceedings;

(d)

the NSP takes reasonable steps to restore the electronic copy, or to restore access to the electronic copy, if the conditions in paragraph (c)(ii) are met;

(e)

the steps mentioned in paragraph (d) are taken (if they have to be taken) not less than 10 and not more than 14 working days after the date of the notification in paragraph (c)(ii); and

(f)

any prescribed condition is met.

(4) This subsection applies if —(a)

the NSP acted —(i)

in good faith; and

(ii)

in reliance on the knowledge mentioned in section 318(2)(b)(i) or (ii) or 319(2)(b)(i) or (ii) (storage or locating information);

(b)

the NSP expeditiously takes reasonable steps to notify the person (Y) who made the electronic copy available on the relevant network of the removal or disabling;

(c)

the NSP takes reasonable steps to restore the electronic copy or access to the electronic copy, but only if —(i)

the NSP is served with a restoration notice within the prescribed time by a person purporting to be or to be acting on behalf of Y;

(ii)

within 10 working days after the date on which the restoration notice is served on the NSP —(A)

no proceedings are brought by or on behalf of the rights owner of the electronic copy to prevent the restoration; or

(B)

the NSP is not informed in writing of the proceedings; and

(iii)

the restoration is technically and practically feasible;

(d)

the steps mentioned in paragraph (c) are taken (if they have to be taken) not less than 10 and not more than 14 working days after the date on which the restoration notice is served on the NSP; and

(e)

any prescribed condition is met.

(5) Subsections (1), (2), (3) and (4) apply whether or not it is ultimately decided that the NSP committed a rights infringement mentioned in section 317(1), 318(1) or 319(1).

(6) Despite anything to the contrary in any written law or rule of law, a NSP is not liable under any rule of law if —(a)

the NSP acts in good faith to —(i)

restore an electronic copy to the NSP’s primary network; or

(ii)

restore access to an electronic copy on any network; and

(b)

the restoration was done in reliance on a restoration notice under subsection (3)(c) or (4)(c)(i).

(7) A NSP must not be treated as authorising an act that is a rights infringement just because one (but not more) of the following circumstances applies:(a)

the NSP provides a facility that is used by another person to do that act;

(b)

the NSP is served with a take‑down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii) (system caching, storage or locating information), or a notice under section 326(2)(b) (intention to apply for access disabling order), in respect of that act;

(c)

the NSP has the knowledge mentioned in section 318(2)(b)(i) or (ii) or 319(2)(b)(i) or (ii) (storage or locating information) in respect of that act.