PART 2

Key definitions

“User-to-user service” and “search service”
3
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
Subsections (6) and (7) have effect to determine whether an internet service that—
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
content mentioned in paragraph 1, 2 or 3 of Schedule 1 (emails, SMS and MMS messages, one-to-one live aural communications) and related identifying content;
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.
S. 3 in force at Royal Assent, see s. 240(4)(a)