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7.1. Sections 5.3 to 5.6 of this recommendation propose a way of defining which publishers may be affected by the regulation for this category of material. This additional information about the proposed definition illustrates how it may be interpreted in practice.
7.1. Sections 5.3 to 5.6 of this recommendation propose a way of defining which publishers may be affected by the regulation for this category of material. This additional information about the proposed definition illustrates how it may be interpreted in practice.3
7.2. A domain name is an identification label that defines a realm of administrative autonomy, authority, or control in the internet. A single website may consist of resources with just one domain name such as ‘anyorganisation.co.uk’ or might also include resources with other domain names, such as one website linking together ‘anyorganisation.co.uk’, ‘anyorganisation.com’ and ‘anyorganisation.biz’.
7.2. A domain name is an identification label that defines a realm of administrative autonomy, authority, or control in the internet. A single website may consist of resources with just one domain name such as ‘anyorganisation.co.uk’ or might also include resources with other domain names, such as one website linking together ‘anyorganisation.co.uk’, ‘anyorganisation.com’ and ‘anyorganisation.biz’.4
7.3. An online ‘publication’ may include any electronic file, document, image, data, web page or web application. It also includes audiovisual content (sound and video) where this represents a part, but not the whole, of the complete work; for example a news website with sound or video clips is included, but cinema films, TV and radio programmes, music albums and songs, even if provided via an online service such as BBC iPlayer, are not.
7.3. An online ‘publication’ may include any electronic file, document, image, data, web page or web application. It also includes audiovisual content (sound and video) where this represents a part, but not the whole, of the complete work; for example a news website with sound or video clips is included, but cinema films, TV and radio programmes, music albums and songs, even if provided via an online service such as BBC iPlayer, are not.5
7.4. ‘Publisher’ includes individuals, companies, groups and organisations, and is the person or body which makes a publication available, either directly or through an agent acting under its authority. This excludes persons or bodies such as internet service providers whose sole involvement is in providing the network infrastructure or the means of publishing, but who have no direct responsibility for the content.
7.4. ‘Publisher’ includes individuals, companies, groups and organisations, and is the person or body which makes a publication available, either directly or through an agent acting under its authority. This excludes persons or bodies such as internet service providers whose sole involvement is in providing the network infrastructure or the means of publishing, but who have no direct responsibility for the content.7
7.6. ‘UK electronic address’ refers to any domain name that is associated geographically with the United Kingdom, or with part of the United Kingdom. Therefore all publications with .uk domain names are included. Any publications with the proposed .sco and .cym, domain names or any other domain names which might be created in future for UK regions, cities or towns will also be included. Because these have a UK electronic address, it is not necessary to identify where the publisher is physically domiciled.
7.6. ‘UK electronic address’ refers to any domain name that is associated geographically with the United Kingdom, or with part of the United Kingdom. Therefore all publications with .uk domain names are included. Any publications with the proposed .sco and .cym, domain names or any other domain names which might be created in future for UK regions, cities or towns will also be included. Because these have a UK electronic address, it is not necessary to identify where the publisher is physically domiciled.8
7.7. Some UK publishers prefer to use .com, .biz, .tv or other generic or international domain names. If the publisher has a UK ‘physical address’ they are still included, irrespective of the domain name being used. This encompasses publications made available by a publisher who is either domiciled in the UK, or a multi-national with an address in the UK, or the UK branch or subsidiary of a non-UK organisation.
7.7. Some UK publishers prefer to use .com, .biz, .tv or other generic or international domain names. If the publisher has a UK ‘physical address’ they are still included, irrespective of the domain name being used. This encompasses publications made available by a publisher who is either domiciled in the UK, or a multi-national with an address in the UK, or the UK branch or subsidiary of a non-UK organisation.9
7.8. However publications are excluded if they are made available by a publisher outside the UK and using a non-UK electronic address, even though the content of such publications might be about the UK or relevant to the UK, and even though the publication might be viewed or purchased by someone in the UK. For example an online Travel Guide to London being used by a person in the UK is not in scope if it is published by a US organisation via a .com website.
7.8. However publications are excluded if they are made available by a publisher outside the UK and using a non-UK electronic address, even though the content of such publications might be about the UK or relevant to the UK, and even though the publication might be viewed or purchased by someone in the UK. For example an online Travel Guide to London being used by a person in the UK is not in scope if it is published by a US organisation via a .com website.10
7.9. Internet Protocol (IP) addresses may indicate the location of a computer or server connected to the internet and can therefore be a useful way of identifying whether a publication might potentially be within scope. However the IP address on its own is not sufficient; the publication must either be within a UK domain as above or the publisher must have a physical address within the UK.
7.9. Internet Protocol (IP) addresses may indicate the location of a computer or server connected to the internet and can therefore be a useful way of identifying whether a publication might potentially be within scope. However the IP address on its own is not sufficient; the publication must either be within a UK domain as above or the publisher must have a physical address within the UK.Tags: BBC, Internet Protocol, internet service providers, London, online service, online Travel Guide, United Kingdom, United States, web application
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