3. Excluded publishers

A person who publishes any matter is excluded from the definition of “publisher” in section 13(17) in relation to that matter if the person —

is in the business of providing network services;

publishes that matter electronically in the course of providing those network services;

is not the originator of that matter;

does not select any person who may hear, see or otherwise perceive that matter; and

provides those network services in an automatic manner (with technical input only) without modifying the whole or any part of the content of that matter.

In paragraph (1), “providing network services” means making available or operating any facility for network access.

A person who publishes any matter is excluded from the definition of “publisher” in section 13(17) in relation to that matter if the person —

is in the business of providing network services;

publishes that matter electronically in the course of providing those network services;

is not the originator of that matter;

does not select any person who may hear, see or otherwise perceive that matter; and

provides those network services in an automatic manner (with technical input only) without modifying the whole or any part of the content of that matter.

In paragraph (1), “providing network services” means making available or operating any facility for network access.