PART 2 Key definitions

5 Disapplication of Act to certain parts of services

(1) This Act does not apply in relation to a part of a Part 3 service if the conditions in paragraph 7(2) of Schedule 1 (internal business service conditions) are met in relation to that part.

(2) This Act does not apply in relation to a part of a regulated search service if—

(a) the only user-generated content enabled by that part of the service is content of any of the following kinds—

(i) content mentioned in paragraph 1, 2 or 3 of Schedule 1 (emails, SMS and MMS messages, one-to-one live aural communications) and related identifying content;

(ii) content arising in connection with any of the activities described in paragraph 4(1) of Schedule 1 (comments etc on provider content); and

(b) no regulated provider pornographic content is published or displayed on that part of the service.

(3) In this section—

• “regulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 79);

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