18 Duties to protect news publisher content

18  Duties to protect news publisher content

(1)     This section sets out the duties to protect news publisher content which apply in relation to Category 1 services.

(2)     Subject to subsections (4), (5) and (8), a duty, in relation to a service, to take the steps set out in subsection (3) before—

(a)     taking action in relation to content present on the service that is news publisher content, or

(b)     taking action against a user who is a recognised news publisher.

(3)     The steps referred to in subsection (2) are—

(a)     to give the recognised news publisher in question a notification which—

(i)     specifies the action that the provider is considering taking,

(ii)     gives reasons for that proposed action by reference to each relevant provision of the terms of service,

(iii)     where the proposed action relates to news publisher content that is also journalistic content, explains how the provider took the importance of the free expression of journalistic content into account when deciding on the proposed action, and

(iv)     specifies a reasonable period within which the recognised news publisher may make representations,

(b)     to consider any representations that are made, and

(c)     to notify the recognised news publisher

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