12-04-2023, 11:09 PM
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xxx
Industry Role:
Join Date: Jun 2003
Location: UK
Posts: 31,544
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Quote:
We are likely to consider a service provider to have exercised control over the pornographic content appearing on its service where it exercises editorial control over the nature, selection or presentation of the content. For example, where a service provider has designed and provided interactive games featuring pornographic imagery on its service, we might consider that this content has been published or displayed by the provider. Similarly, where a service provider is responsible for live-streaming pornographic video content on its service, this would also be an example of where we would likely consider the provider to be subject to Part 5.
There may be instances where online services include some pornographic content which falls in scope of Part 3 and some pornographic content which falls in scope of Part 5. For example, while tube sites are often predominantly user-to-user services (i.e., predominantly comprised of user-generated pornographic content), a provider of a tube site may itself make some pornographic content available on that site.
15 Where a provider of such a service (which otherwise predominantly comprises user-generated content) publishes or displays pornographic content on its site, or someone else does so on its behalf, that pornographic content will be within scope of the Part 5 duties, unless otherwise exempt, for instance if that part of the service is an on-demand programme service, as explained in paragraph 3.16 below.
3.14 As set out in paragraph 3.11 above, pornographic content will also be treated as published or displayed on a service when it is generated on the service by means of an automated tool available in the service, such as a generative artificial intelligence tool (GenAI) or an algorithm in response to a prompt by a user. In this case, the provider of the relevant internet service is the entity or person with control of, and making available, the tool or algorithm in question.16
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https://www.ofcom.org.uk/__data/asse...5-annexe-2.pdf |
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