PART 2Key definitions
I23“User-to-user service” and “search service”
1
In this Act “user-to-user service” means an internet service by means of which content that is generated directly on the service by a user of the service, or uploaded to or shared on the service by a user of the service, may be encountered by another user, or other users, of the service.
2
For the purposes of subsection (1)—
a
it does not matter if content is actually shared with another user or users as long as a service has a functionality that allows such sharing;
b
it does not matter what proportion of content on a service is content described in that subsection.
3
For the meaning of “content” and “encounter”, see section 236.
4
In this Act “search service” means an internet service that is, or includes, a search engine (see section 229).
5
a
is of a kind described in subsection (1), and
b
includes a search engine,
is a user-to-user service or a search service for the purposes of this Act.
6
It is a search service if the only content described in subsection (1) that is enabled by the service is content of any of the following kinds—
a
b
content arising in connection with any of the activities described in paragraph 4(1) of Schedule 1 (comments etc on provider content);
c
content present on a part of the service in relation to which the conditions in paragraph 7(2) of Schedule 1 are met (internal business service conditions).
7
Otherwise, it is a user-to-user service.
I34“Regulated service”, “Part 3 service” etc
1
This section applies for the purposes of this Act.
2
A user-to-user service is a “regulated user-to-user service”, and a search service is a “regulated search service”, if the service—
b
is not—
i
a service of a description that is exempt as provided for by Schedule 1, or
ii
a service of a kind described in Schedule 2 (services combining user-generated content or search content not regulated by this Act with pornographic content that is regulated).
3
“Part 3 service” means a regulated user-to-user service or a regulated search service.
4
“Regulated service” means—
a
a regulated user-to-user service,
b
a regulated search service, or
c
an internet service, other than a regulated user-to-user service or a regulated search service, that is within section 80(2) (including a service of a kind described in Schedule 2).
5
For the purposes of subsection (2), a user-to-user service or a search service “has links with the United Kingdom” if—
a
the service has a significant number of United Kingdom users, or
b
United Kingdom users form one of the target markets for the service (or the only target market).
6
For the purposes of subsection (2), a user-to-user service or a search service also “has links with the United Kingdom” if—
a
the service is capable of being used in the United Kingdom by individuals, and
b
there are reasonable grounds to believe that there is a material risk of significant harm to individuals in the United Kingdom presented by—
i
in the case of a user-to-user service, user-generated content present on the service or (if the service includes a search engine) search content of the service;
ii
in the case of a search service, search content of the service.
7
A regulated user-to-user service that includes a public search engine is referred to in this Act as a “combined service”.
“Public search engine” means a search engine other than one in relation to which the conditions in paragraph 7(2) of Schedule 1 (internal business service conditions) are met.
8
I15Disapplication of Act to certain parts of services
1
This Act does not apply in relation to a part of a Part 3 service if the conditions in paragraph 7(2) of Schedule 1 (internal business service conditions) are met in relation to that part.
2
This Act does not apply in relation to a part of a regulated search service if—
a
the only user-generated content enabled by that part of the service is content of any of the following kinds—
i
ii
content arising in connection with any of the activities described in paragraph 4(1) of Schedule 1 (comments etc on provider content); and
b
no regulated provider pornographic content is published or displayed on that part of the service.