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3.—(1) The Category 1 threshold conditions(1) are met by a regulated user-to-user service where, in respect of the user-to-user part of that service, it—
(a)(i)has an average number of monthly active United Kingdom users that exceeds 34 million, and
(ii)uses a content recommender system, or
(b)(i)has an average number of monthly active United Kingdom users that exceeds 7 million,
(ii)uses a content recommender system, and
(iii)provides a functionality for users to forward or share regulated user-generated content(2) on the service with other users of that service.
(2) In paragraph (1), a “content recommender system” means a system, used by the provider of a regulated user-to-user service in respect of the user-to-user part of that service, that uses algorithms which by means of machine learning or other techniques determines, or otherwise affects, the way in which regulated user-generated content of a user, whether alone or with other content, may be encountered by other users of the service.
See paragraph 1(1) of Schedule 11 to the Online Safety Act 2023 for the meaning of “Category 1 threshold conditions”.
See paragraph 7 of Schedule 11 to the Online Safety Act 2023 for the meaning of “regulated user-generated content” (it has the same meaning as in section 55 of that Act).
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