Regulation 4 Interpretation: revenue that is referable to a regulated service

(1)

This regulation applies for the purposes of Parts 2 and 3.

(2)

An amount of revenue counts as “referable” to a regulated service^f1 only if it arises in connection with provision of those parts of the regulated service listed in paragraph (3) (the “relevant parts”).

(3)

The relevant parts of a regulated service are—

(a)

parts where regulated user-generated content^f2 may be encountered^f3 (in the case of user-to-user services^f4 and combined services^f5);

(b)

parts where search content^f6 may be encountered (in the case of search services^f7 and combined services); and

(c)

parts where regulated provider pornographic content^f8 may be encountered (in the case of a service within section 80(2) of the Act).

(4)

Where revenue comprises amounts arising partly in connection with provision of relevant parts of a regulated service and partly in connection with other things, it is to be apportioned on a just and reasonable basis.

(5)

Provision of relevant parts of a regulated service means their provision anywhere in the world.

(6)

Circumstances where revenue arises in connection with provision of relevant parts of a regulated service include (but are not limited to) those where amounts are generated as a result of—

(a)

any advertising (including via paid-for advertisements^f9); and

(b)

the supply of goods or other services.

Annotations

Footnotes

f1: “Regulated service” is defined in section 4(4) of the Act.
f2: “Regulated user-generated content” is defined in section 55(2) of the Act.
f3: “Encounter” is defined in section 236(1) of the Act.
f4: “User-to-user service” is defined in section 3(1) of the Act.
f5: “Combined service” is defined in section 4(7) of the Act.
f6: “Search content” is defined in section 57(2) of the Act.
f7: “Search service” is defined in section 3(4) of the Act.
f8: “Regulated provider pornographic content” is defined in section 79(3) of the Act.
f9: “Paid-for advertisement” is defined in section 236(1) of the Act.