Online Safety Act 2023

Internal business services (part of user-to-user service or search service)

8 (1) A user-to-user service is exempt if—

(a) the conditions in paragraph 7(2) are met in relation to a part of the service,

(b) no user-generated content is enabled by the rest of the service, and

(c) no regulated provider pornographic content is published or displayed on the rest of the service.

(2) A user-to-user service is also exempt if—

(a) the conditions in paragraph 7(2) are met in relation to a part of the service,

(b) the only user-generated content enabled by the rest of the service is—

(i) content mentioned in paragraph 1, 2 or 3 and related identifying content, or

(ii) content arising in connection with any of the activities described in paragraph 4(1), and

(c) no regulated provider pornographic content is published or displayed on the rest of the service.

(3) A search service is exempt if—

(a) the conditions in paragraph 7(2) are met in relation to a part of the service that is a search engine,

(b) the service does not include a public search engine, and

(c) no regulated provider pornographic content is published or displayed on the rest of the service.

(4) In this paragraph—

• “public search engine” means a search engine other than one in relation to which the conditions in paragraph 7(2) are met;

• “the rest of the service” means all parts of the user-to-user service or search service other than the part in relation to which the conditions in paragraph 7(2) are met.