Online Safety Act 2023

226 “Provider” of internet service

(1) This section applies to determine who is the “provider” of an internet service for the purposes of this Act.

User-to-user services (other than combined services)

(2) The provider of a user-to-user service is to be treated as being the entity that has control over who can use the user-to-user part of the service (and that entity alone).

(3) If no entity has control over who can use the user-to-user part of a user-to-user service, but an individual or individuals have control over who can use that part, the provider of the service is to be treated as being that individual or those individuals.

Search services

(4) The provider of a search service is to be treated as being the entity that has control over the operations of the search engine (and that entity alone).

(5) If no entity has control over the operations of the search engine, but an individual or individuals have control over those operations, the provider of the search service is to be treated as being that individual or those individuals.

Combined services

(6) The provider of a combined service is to be treated as being the entity that has control over both—

(a) who can use the user-to-user part of the service, and

(b) the operations of the search engine,

(and that entity alone).

(7) If no entity has control over the matters mentioned in paragraphs (a) and (b) of subsection (6), but an individual or individuals have control over both those matters, the provider of the combined service is to be treated as being that individual or those individuals.

Internet services other than user-to-user services or search services

(8) The provider of an internet service, other than a user-to-user service or a search service, is to be treated as being the entity that has control over which content is published or displayed on the service.

(9) If no entity has control over which content is published or displayed on such an internet service, but an individual or individuals have control over which content is published or displayed, the provider of the service is to be treated as being that individual or those individuals.

Machine-generated services

(10) The provider of an internet service that is generated by a machine is to be treated as being the entity that controls the machine (and that entity alone).

(11) If no entity controls the machine, but an individual or individuals control it, the provider of the internet service is to be treated as being that individual or those individuals.

Interpretation

(12) A person who provides an access facility in relation to a user-to-user service, within the meaning of section 146, is not to be regarded as a person who has control over who can use the user-to-user part of the service for the purposes of this section.

(13) In this section “operations of the search engine” means operations which—

(a) enable users of a search service or a combined service to make search requests, and

(b) generate responses to those requests.

(14) In this section “published or displayed” is to be construed in accordance with section 79(6).

(15) For the purposes of subsections (8) and (9), a person who makes available on a service an automated tool or algorithm by means of which content is generated is to be regarded as having control over content so generated.