DST14800 - Social Media Examples

Example A

Group ABC is a world leading academic publisher. Its website includes scientific journals which users can subscribe to access or pay to view. The journals are typically made up of peer reviewed academic articles. The group also operates discussion networks for academics and other experts in the particular field to network and discuss the latest developments.

The core publishing business will not meet the social media definition. There is limited interaction between users. Users will use the service to access academic content rather than to interact with other users. Consequently, the first condition is unlikely to be met. Additionally, although the journal may be made up of articles from third parties but the product being offered through the online service for subscription is the journal owned by the publisher. This is not user content and the second condition is not met.

The discussion network may fall in scope. This will depend upon whether the discussion network is a separate online service or is simply a part of the wider academic publishing business. This will depend on the facts but relevant factors to consider are whether the service would be capable of operating independently of the academic publishing business or whether the attraction of academics to the network depends upon the group’s publishing business.

If it is a separate service, the network will need to be tested against the social media definition. As the network is a discussion forum, its main purpose is to promote communication and discussion between the users of the service. The discussions themselves are user generated content and this is a significant, potentially even the principal, feature of the service.

If there is just one online service, ABC group should consider whether the discussion network is significant enough to the wider business that the promotion of interaction between users amounts to one of the main purposes of the (combined) service.

Example B

Group BCD provides a telecommunications network. The network facilitates communication between users and provides infrastructure for the internet. The underlying technology behind these services utilises the transmission of digital information. By using the network users can exchange voice and video messages, including on a one-to-many basis.

This telecommunications network will not meet the social media definition. While the business enables the communication between individuals, it is not within any ordinary understanding of a social media service. The business does not actively encourage users to interact with one another or seek to drive more engagement with the service, it simply allows communication to happen.

The telecommunications network is also unlikely to meet the second condition. The transmission of voice signals over the network is unlikely to constitute user generated content. Even if it were, it is not a significant feature of the service. It simply reflects the use of the infrastructure provided by the business.

Example C

Group CDE provides a social media service and a private messaging service which allow users to contact each other privately or make voice and video calls. Both services operate through their own software application. The services are linked, and users have access to both services through the same account.

The group will need to determine whether the private messaging service is a distinct online service or whether it is part of the functionality provided by the social media service. The key consideration here is to consider whether the messaging service is independent from the social media service. In this case, it is not separately monetised and the number of rival messaging apps means the service would be unlikely to be operated as a freestanding service. The service is also highly integrated with the main social media service. In the past, it was even embedded within the main social media app. It’s quite likely it is part of the same online service.

Example D

Group DEF operates an online collaboration tool which it licenses to businesses. The tool includes functionality for video and voice calling and also provides shared places to store and work on documents and a closed environment for communicating with colleagues.

The service is designed to improve productivity through building collaborative workplace tools. It therefore clearly facilitates interaction between users, and this facilitation is a main purpose of the service and a key part of its offer. However, the service is unlikely to promote interaction between users. DEF’s customers are its business clients and the business does not profit or benefit from the underlying activities of the users using the software. Similarly, the content created by users in using the service does not enhance the value of the service provided to other clients.

Example E

Group EFG runs an online dating network. Users pay a subscription fee to access the service.

The online dating network will meet the social media service definition. As the ability to meet other users is the key reason for using the service, the main purpose test will be satisfied. The user profiles and communication between users are also a significant feature of the service. It does not matter that the online service is monetised through subscription fees rather than advertising income. Similarly, it does not matter that users will only use the service until they have found a partner. The duration of the interaction between users is not tested by the statute.

Example F

Group FGH operates a media streaming business. It commissions and produces original content as well as licensing leading film, TV and radio productions for distribution on the online service. The business generates its revenue through subscriptions. Users are able to rate and comment on content offered on the platform.

The streaming business will not meet the DST definition. Although the online service includes features which enable users to communicate with one another, FGH is not promoting interaction between users. The main reasons for using the service are clearly to consume the professional content offered and it is the range and quality of the content which attracts new users to the service. Any features enabling interaction with other users are clearly an incidental part of the online service’s offer and will not amount to a main purpose of the service. Similarly, the user comments are not a significant feature of the service.

Example G

Individual G is a famous influencer on social media. Many of their videos endorse third party merchandise.

While Individual G is providing services online, their activities do not meet any of the three DST digital service definitions.