Chapter DST14800
| Published date | 19 March 2020 |
| Record Number | DST14800 |
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...
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