(1)This section specifies factors which OFCOM must, in particular, consider when deciding whether content is communicated “publicly” or “privately” by means of a user-to-user service for the purposes of—
(a)section 121 (notice to deal with terrorism content),
(b)section 136 (requirement to use proactive technology), or
(c)paragraph 13(4) of Schedule 4 (recommendation of proactive technology in codes of practice).
(2)The factors are—
(a)the number of individuals in the United Kingdom who are able to access the content by means of the service;
(b)any restrictions on who may access the content by means of the service (for example, a requirement for approval or permission from a user, or the provider, of the service);
(c)the ease with which the content may be forwarded to or shared with—
(i)users of the service other than those who originally encounter it, or
(ii)users of another internet service.
(3)The following factors do not count as restrictions on access—
(a)a requirement to log in to or register with a service (or part of a service);
(b)a requirement to make a payment or take out a subscription in order to access a service (or part of a service) or to access particular content;
(c)inability to access a service (or part of a service) or to access particular content except by using particular technology or a particular kind of device (as long as that technology or device is generally available to the public).
Commencement Information
I1S. 232 in force at Royal Assent, see s. 240(z5)