PART 2Key definitions

I14“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—

a

has links with the United Kingdom (see subsections (5) and (6)), and

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

In this section—

  • “search content” has the same meaning as in Part 3 (see section 57);

  • “user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section).