Regulation 3 Category 1 threshold conditions

(1)

The Category 1 threshold conditions^f1 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^f2 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.

Annotations

Footnotes

f1: See paragraph 1(1) of Schedule 11 to the Online Safety Act 2023 for the meaning of “Category 1 threshold conditions”.
f2: 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).