The third argument concerned the statutory “hosting” defence from reg.19 of the Electronic Commerce (EC Directive) Regulation 20029 that succeeded in Davison. The Regulations protect the provider of an “information society service” which consists of the storage of information where that service is provided “for *C.T.L.R. 138 remuneration at a distance, by means of electronic equipment for the processing and storage of data and at the individual request of a recipient of the service”.10
Google Inc was the provider of the service and the “London Muslim” blogger its recipient. For the defence to be applicable there must have been “no actual knowledge of unlawful information” and without knowledge of the extent of any defences available, or precisely and adequately substantiate information about the alleged illegality, a host cannot be fixed with actual knowledge. This was reinforced by reg.22, which concerns notice by means of which knowledge is imputed and requires it to include “details of the unlawful nature of the activity or information in question”.11 As a result, if it were the case that Google were to be concluded to be publisher at common law, reg.19 would exempt it from liability.