Section 233 “Functionality”I1

United Kingdom

(1)

In this Act “functionality”, in relation to a user-to-user service, includes any feature that enables interactions of any description between users of the service by means of the service, and includes any feature enabling a user to do anything listed in subsection (2).

(2)

The things are—

(a)

creating a user profile, including an anonymous or pseudonymous profile;

(b)

searching within the service for user-generated content or other users of the service;

(c)

forwarding content to, or sharing content with, other users of the service;

(d)

sharing content on other internet services;

(e)

sending direct messages to or speaking to other users of the service, or interacting with them in another way (for example by playing a game);

(f)

expressing a view on content, including, for example, by—

(i)

applying a “like” or “dislike” button or other button of that nature,

(ii)

applying an emoji or symbol of any kind,

(iii)

engaging in yes/no voting, or

(iv)

rating or scoring content in any way (including giving star or numerical ratings);

(g)

sharing current or historic location information with other users of the service, recording a user’s movements, or identifying which other users of the service are nearby;

(h)

following or subscribing to particular kinds of content or particular users of the service;

(i)

creating lists, collections, archives or directories of content or users of the service;

(j)

tagging or labelling content present on the service;

(k)

uploading content relating to goods or services;

(l)

applying or changing settings on the service which affect the presentation of user-generated content on the service;

(m)

accessing other internet services through content present on the service (for example through hyperlinks).

(3)

In this Act “functionality”, in relation to a search service, includes (in particular)—

(a)

a feature that enables users to search websites or databases;

(b)

a feature that makes suggestions relating to users’ search requests (predictive search functionality).

(4)

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

Annotations

Commencement

I1: S. 233 in force at Royal Assent, see s. 240(z5)