Section 5 Disapplication of Act to certain parts of servicesI1

United Kingdom

(1)

This Act does not apply in relation to a part of a Part 3 service if the conditions in paragraph 7(2) of Schedule 1 (internal business service conditions) are met in relation to that part.

(2)

This Act does not apply in relation to a part of a regulated search service if—

(a)

the only user-generated content enabled by that part of the service is content of any of the following kinds—

(i)

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;

(ii)

content arising in connection with any of the activities described in paragraph 4(1) of Schedule 1 (comments etc on provider content); and

(b)

no regulated provider pornographic content is published or displayed on that part of the service.

(3)

In this section—

“regulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 79);
“user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section).

Annotations

Commencement

I1: S. 5 in force at Royal Assent, see s. 240(4)(a)