PART 3Providers of regulated user-to-user services and regulated search services: duties of care
CHAPTER 2Providers of user-to-user services: duties of care
Category 1 services
I1I219Duties to protect journalistic content
1
This section sets out the duties to protect journalistic content which apply in relation to Category 1 services.
The duties
2
A duty to operate a service using proportionate systems and processes designed to ensure that the importance of the free expression of journalistic content is taken into account when making decisions about—
a
how to treat such content (especially decisions about whether to take it down or restrict users’ access to it), and
b
whether to take action against a user generating, uploading or sharing such content.
3
A duty, in relation to a decision by a provider to take down content or to restrict access to it, to make a dedicated and expedited complaints procedure available to a person who considers the content to be journalistic content and who is—
a
the user who generated, uploaded or shared the content on the service, or
4
A duty to make a dedicated and expedited complaints procedure available to users of a service in relation to a decision by the provider of the service to take action against a user because of content generated, uploaded or shared by the user which the user considers to be journalistic content.
5
A duty to ensure that—
a
if a complaint about a decision mentioned in subsection (3) is upheld, the content is swiftly reinstated on the service;
b
if a complaint about a decision mentioned in subsection (4) is upheld, the action against the user is swiftly reversed.
6
Subsections (3) and (4) do not require a provider to make a dedicated and expedited complaints procedure available to a recognised news publisher in relation to a decision if the provider has taken the steps set out in section 18(3) in relation to that decision.
7
A duty to include provisions in the terms of service specifying—
a
by what methods content present on the service is to be identified as journalistic content;
b
how the importance of the free expression of journalistic content is to be taken into account when making decisions mentioned in subsection (2);
c
the policies and processes for handling complaints in relation to content which is, or is considered to be, journalistic content.
8
A duty to ensure that—
a
the provisions of the terms of service referred to in subsection (7) are clear and accessible, and
b
those provisions are applied consistently.
Interpretation
9
In determining what is proportionate for the purposes of subsection (2), the size and capacity of the provider of a service, in particular, is relevant.
10
For the purposes of this Part content is “journalistic content”, in relation to a user-to-user service, if—
a
the content is—
i
news publisher content in relation to that service, or
ii
regulated user-generated content in relation to that service;
b
the content is generated for the purposes of journalism; and
c
the content is UK-linked.
11
For the purposes of this section content is “UK-linked” if—
a
United Kingdom users of the service form one of the target markets for the content (or the only target market), or
b
the content is or is likely to be of interest to a significant number of United Kingdom users.
12
In this section references to “taking action” against a user are to giving a warning to a user, or suspending or banning a user from using a service, or in any way restricting a user’s ability to use a service.
13
14
The creator of news publisher content is the recognised news publisher in question.
15
The creator of content other than news publisher content is—
a
an individual who—
i
created the content, and
ii
is in the United Kingdom; or
b
an entity which—
i
created the content, and
ii
is incorporated or formed under the law of any part of the United Kingdom.
16
For the meaning of “news publisher content”, “regulated user-generated content” and “recognised news publisher”, see sections 55 and 56.