Online Safety Act 2023

227 “User”, “United Kingdom user” and “interested person”

(1) For the purposes of this Act a user is a “United Kingdom user” of a service if—

(a) where the user is an individual, the individual is in the United Kingdom;

(b) where the user is an entity, the entity is incorporated or formed under the law of any part of the United Kingdom.

(2) For the purposes of references in this Act to a user of a service it does not matter whether a person is registered to use a service.

(3) References in this Act to a user of a service do not include references to any of the following when acting in the course of the provider’s business—

(a) where the provider of the service is an individual or individuals, that individual or those individuals;

(b) where the provider is an entity, officers of the entity;

(c) persons who work for the provider (including as employees or volunteers);

(d) any other person providing a business service to the provider such as a contractor, consultant or auditor.

(4) In subsection (3) “acting in the course of the provider’s business” means (as the case may be)—

(a) acting in the course of the provider’s business of providing the service, or

(b) acting in the course of a business, trade, profession or other concern—

(i) carried on (whether or not for profit) by the provider of the service, and

(ii) for the purposes of which the service is provided.

(5) In subsections (1) to (4) “service” (except in the term “business service”) means internet service, user-to-user service or search service.

(6) In subsection (3) “officer” includes a director, manager, partner, associate, secretary or other similar officer.

(7) In this Act “interested person”, in relation to a search service or a combined service, means a person that is responsible for a website or database capable of being searched by the search engine, provided that—

(a) in the case of an individual, the individual is in the United Kingdom;

(b) in the case of an entity, the entity is incorporated or formed under the law of any part of the United Kingdom.