S.L. 9.30 Art. 5When a hosting service provider is exposedtoterrorist content. S.L. 460.35.

(1) For the purposes of article 5(4) of the Regulation , upon application to the Court filed by a Police officer not below the rank of inspector, the Magistrate shall hear submissions from the Police and the hosting service provider and, on the basis of objective factors, may decide that a hosting service provider is exposed to terrorist content and, in such case, notify the hosting service provider of the decision.

(2) If the Magistrate decides that the hosting service provider is exposed to terrorist content, the hosting service provider shall, within three (3) months from receipt of the decision and on an annual basis thereafter, report to the Police on the specific measures that it has taken in accordance with the provisions of article 5(5) of the Regulation.

(3) Where, based on the report referred to in sub-regulation (2) and, where relevant, any other objective factors, the Police, acting on the advice of the Critical Information Infrastructure Protection Unit, as defined in the Measures for High Common Level of Security of Network and Information Systems Order, consider that the specific measures taken do not comply with paragraphs (2) and (3) of Article 5 of the Regulation, the Police shall submit a report to the Court by means of an application filed by a police officer not below the rank of inspector. The Court shall hear submissions from the Police and the hosting service provider and may require the hosting service provider to take the necessary measures.

(4) A hosting service provider may, at any time, request the Magistrate to review and, where appropriate, amend or revoke any decision referred to in sub-regulations (1) or (3).

(5) The Magistrate shall, within three (3) months from receipt of the request referred to in sub-regulation (4), adopt a reasoned decision on the request based on objective factors and notify the hosting service provider of that decision.