Part 5: Duties of providers of regulated services: Certain pornographic content Section 79: "Pornographic content", "provider pornographic content" "regulated provider pornographic content"
This section sets out what content the duties in section 80 apply to.
	Subsection (2) defines what content is provider pornographic content for the purposes of Part 5 (see section 237 for the definition of "content").
	It does not include user-generated content (as set out in subsection (7)).
	Subsection 2(a) makes clear that pornographic content published or displayed on a Part 5 service is provider pornographic content either where software, an automated tool or algorithm is applied by the provider or where an automated tool or algorithm, such as a generative artificial intelligence bot, is made available on the service by a provider.
	Subsection (3) sets out that "regulated provider pornographic content" does not include text-only content, text-only content that is accompanied by a non-pornographic GIF, emoji or symbol, or paid-for advertisements (see section 207 for the definition of paid-for advertisement), as set out in subsections (4) and (5). Such content would not count as regulated provider pornographic content under the Part 5 duties.
	Subsection (6) sets out is considered pornographic content that is "published or displayed" for the purposes of this Part. Subsection (7) provides that user-generated content, as defined in section 55 is not to be considered provider pornographic content. This subsection keeps the categories of user-generated content and provider pornographic content mutually exclusive.