Sch 4 para 2
(1) Proceedings for an offence under section 5(2) 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 met. (2) The derogation condition is that taking 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. (3) In this paragraph— “ non-UK service provider ” means a service provider established in an EEA state ...; “ the public interest objective ” means the pursuit of public policy.