The Act Commentary on Sections Part 2 - Criminal offences Section 61 and Schedule 12: Encouraging or assisting suicide: providers of information society services
361.Section 61 and Schedule 12 ensure that the provisions outlined in sections 59 and 60 above are consistent with the UK’s obligations under the E-Commerce Directive.
362.Schedule 12 ensures that providers of information society services who are established in England, Wales or Northern Ireland are covered by the offence of encouraging or assisting suicide even when they are operating in other European Economic Area states. Paragraphs 4 to 6 of the Schedule provide exemptions for internet service providers from the offence in limited circumstances, such as where they are acting as mere conduits for information that is capable, and provided with the intention, of encouraging or assisting suicide or are storing it as caches or hosts.