8Meaning of social media service

8 Meaning of social media service

(1) A social media service is an electronic service that satisfies the following conditions:

(a) the sole purpose, or a significant purpose, of the service is to enable online social interaction between 2 or more end‑users;

(b) the service allows end‑users to link to, or interact with, some or all of the other end‑users;

(c) the service allows end‑users to post material on the service.

(2) For the purposes of paragraph (1)(a), online social interaction includes online interaction that enables end‑users to share material for social purposes.

Note: Social purposes does not include, for example, business purposes.

(3) Despite subsection (1), none of the following electronic services are social media services:

(a) services that have the sole or primary purpose of enabling end‑users to communicate by means of messaging, email, voice calling or video calling;

(b) services that have the sole or primary purpose of enabling end‑users to play online games with other end‑users;

(c) services that have the sole or primary purpose of enabling end‑users to share information (such as reviews, technical support or advice) about products or services;

(d) services that have the sole or primary purpose of supporting the education of end‑users;

(e) services that have the sole or primary purpose of supporting the health of end‑users;

(f) services that have a significant purpose of facilitating communication between educational institutions and students or students’ families;

(g) services that have a significant purpose of facilitating communication between providers of health care and people using those providers’ services.

(4) In determining whether the condition set out in paragraph (1)(a) is satisfied, or whether a service is covered by subsection (3), disregard the following:

(a) the provision of advertising material on the service;

(b) the generation of revenue from the provision of advertising material on the service.