PART 12Interpretation and final provisions

Interpretation

I1233“Functionality”

1

In this Act “functionality”, in relation to a user-to-user service, includes any feature that enables interactions of any description between users of the service by means of the service, and includes any feature enabling a user to do anything listed in subsection (2).

2

The things are—

a

creating a user profile, including an anonymous or pseudonymous profile;

b

searching within the service for user-generated content or other users of the service;

c

forwarding content to, or sharing content with, other users of the service;

d

sharing content on other internet services;

e

sending direct messages to or speaking to other users of the service, or interacting with them in another way (for example by playing a game);

f

expressing a view on content, including, for example, by—

i

applying a “like” or “dislike” button or other button of that nature,

ii

applying an emoji or symbol of any kind,

iii

engaging in yes/no voting, or

iv

rating or scoring content in any way (including giving star or numerical ratings);

g

sharing current or historic location information with other users of the service, recording a user’s movements, or identifying which other users of the service are nearby;

h

following or subscribing to particular kinds of content or particular users of the service;

i

creating lists, collections, archives or directories of content or users of the service;

j

tagging or labelling content present on the service;

k

uploading content relating to goods or services;

l

applying or changing settings on the service which affect the presentation of user-generated content on the service;

m

accessing other internet services through content present on the service (for example through hyperlinks).

3

In this Act “functionality”, in relation to a search service, includes (in particular)—

a

a feature that enables users to search websites or databases;

b

a feature that makes suggestions relating to users’ search requests (predictive search functionality).

4

In this section “user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section).