Schedule 1: Exempt user-to-user and search services
Schedule 1 sets out which user-to-user and search services are exempt from regulatory duties. Subsection (2)(b)(i) of section 4 ("Regulated service’", "Part 3 service" etc) states that services of the descriptions set out in this Schedule are not regulated user-to-user services or regulated search services.
	Paragraphs 1 to 3 provide that services will be exempt if the only type of user-generated content enabled by the service is, respectively, email, SMS and/or MMS messages (as defined in section 55(12)), or one-to-one live aural communications (as defined in section 55(5)).
	Under the limited functionality services exemption in paragraph 4, a user-to-user service is exempt if the only ways users can communicate on the service are the following:
The posting of comments or reviews on provider content (defined in subparagraph (2) as content published on the service by or on behalf of the service provider).
The sharing of those comments or reviews on other internet services.
Expressing views on provider content or on comments and reviews on provider content through: (i) a "like" or "dislike" button, (ii) applying an emoji or symbol of any kind, (iii) engaging in yes/no voting or (iv) rating or scoring the provider content or the comments or reviews.
Displaying or producing identifying content (e.g. usernames or avatars) in connection with any of these activities.
	This exempts services where the only user interaction is, for example, ‘below the line’ content on media articles, or user reviews of directly provided goods and services. Any services that also have additional user-to-user functionalities will remain in regulatory scope.
	Paragraph 5 sets out that a user-to-user service is also exempt if the only user-generated content it enables is of a kind covered by an exemption listed in paragraphs 1–4 (i.e. emails, SMS/MMS messages, one-to-one live aural communications, or comments and reviews relating to provider content).
	However, paragraph 6 of Schedule 1 sets out that a service which would otherwise benefit from an exemption set out in the preceding paragraphs is not exempt pornographic content is published or displayed on the service and it has links with the United Kingdom. If paragraph 6 applies to a service, paragraph 1 of Schedule 2 may exempt the service from the user-to-user service duties while keeping it in scope of the Part 5 duties.
	Paragraph 7 exempts "internal business services". This exemption encompasses services such as business intranets, productivity and collaboration tools, content management systems, customer relationship management systems and database management software. To qualify as an internal business service, the service must meet the conditions set out in paragraph 7(2). Paragraph 8 provides details on the exemptions for internal business services where they make up only part of the user-to-user service or search service.
	Paragraph 9 provides that some user-to-user and search services provided by certain public bodies are exempt from regulatory duties. This exemption covers services provided by Parliament and foreign governments, as well as services provided by public authorities in the United Kingdom and bodies outside the United Kingdom where those services are provided in the exercise of functions of a public nature only.
	Paragraph 10 provides an exemption for user-to-user or search services that are provided by education or childcare providers as described in Part 2, where those services are provided for the purpose of education and childcare.
	Many education and childcare providers are subject to existing safeguarding duties which require them to protect children online. This exemption ensures that those education and childcare providers listed are not subject to oversight by both OFCOM and the relevant oversight bodies for education across the United Kingdom.
	Paragraph 10(1) specifies a user-to-user service or a search service is exempt if the provider of the service is:
The responsible person for that education or childcare for e.g. a governing body of a maintained school in England.
A person employed or engaged to provide that education or childcare who is subject to safeguarding duties as defined in sub-paragraph (2), e.g. a teacher employed to work in an independent school in England.
	Sub-paragraph (3) specifies that the responsible person must be a person who has day-to-day responsibility for the relevant education or childcare provision, for e.g. a governing body, rather than a person who may have a high-level duty to ensure education or child care is provided e.g. a Minister of a government department. A "person" includes (in addition to an individual and a body of persons corporate or unincorporate) any organisation or association of persons.
	Schedule 1 Part 2 provides a list of descriptions of education and childcare provided in the United Kingdom that is exempt under subsection 10. Any education or childcare providers not described in Part 2 is not exempt under subsection 10.
	Schedule 1 Part 3 provides a set of definitions for childcare, education, further education, higher education, primary education, and secondary education for each nation in the United Kingdom.