Hate Crime and Public Order (Scotland) Bill 13 Schedule 1—Offences relating to stirring up hatred: information society services SCHEDULE 1 (introduced by section 10) O FFENCES RELATING TO STIRRING UP HATRED : INFORMATION SOCIETY SERVICES Non-UK service providers: restriction on institution of proceedings 5 1 (1) Proceedings for an offence under section 2A or 3 may not be instituted against a non- UK service provider in respect of anything done in the course of providing an information society service unless the derogation condition is satisfied. (2) The derogation condition is satisfied where the institution of the proceedings— (a) is necessary for the purposes of the public interest objective, 10 (b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and (c) is proportionate to that objective. (3) In this paragraph— (a) “non-UK service provider” means a service provider established in an EEA state 15 other than the United Kingdom, (b) “EEA state”, in relation to any time, means— (i) a state which at that time is a member State of the EU, or (ii) any other state which at that time is a party to the EEA agreement, (c) “EEA agreement” means the agreement on the European Economic Area signed at 20 Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March...