DST14400 - Main Purpose of Promoting User Interaction

The first condition in the social media service definition tests whether promoting interaction between users (or between users and content generated by users) is one of the main purposes of the online service.

Promoting user interaction

The reference to promoting interaction means the online service must actively encourage users to interact with one another. Providing a facility for users to interact will not by itself amount to promoting user interaction if that facility is just an incidental part of the service. Consequently, promoting should be read together with main purpose and the business should decide whether interaction between users is a central part of the online service.

Importantly, the relevant test is concerned with promoting interaction between users rather than interaction between a user and the online service. This ensures only online services which rely on users to create value are caught.

The condition will also be satisfied when users interact with user generated content. This broadens the definition so that online services which rely on user generated content, like reviews, are also covered even if direct communication between the users is limited.

The legislation does not define interaction. It is intended to be a broad term which encompasses all forms of interaction and engagement between users.

Main purpose

Promoting interaction between users is not itself enough for the online service to meet the first condition in the social media service definition. This promotion must be one of the main purposes of the online service.

The test considers the main purposes of the online service itself. Nonetheless, the purposes of the business in providing the service may in some cases be informative.

An online service will often have more than one purpose. The requirement that promoting user interaction is a main purpose of the service means it must be important to the service. It will not be met if promoting interaction between users is an incidental or subordinate part of the service.

Whether something is a main purpose or not is a question of fact and depends on the particular facts and circumstances of the case. It should usually be clear to the business what the main purposes of its online services are. However, there will sometimes be more difficult cases.