Cyber Security and Data Protection provider— (a) 5 10 15 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 sub-section (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 8 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 20 25 30 35 40 45 (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 8 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (9) An internet service provider who enables access to information provided by a third person by providing an electronic hyperlink shall not be criminally liable with respect to the information if the internet service provider— (a) promptly removes or disables access to the information after receiving an order from an appropriate public authority or court to remove the link; or 29