Part 12: Interpretation and final provisions Interpretation Section 226: "Provider" of internet service
This section determines who is the ‘provider’ of an internet service, and therefore who is subject to the duties imposed on providers. For user-to-user services, subsections (2) and (3) set out that the provider is the entity (or individual(s)) that controls who can use the user-to-user elements of a service. The duties therefore apply to the entity or person that directly controls users’ access to the functionality that enables users to interact or share user-generated content, rather than on any other entity that may embed that service or control other aspects of it. This also makes clear to which entity within a broader corporate structure the duties apply.
	Subsections (4) and (5) set out that a provider of a search service is the entity (or individual(s)) that has direct control over the operations of the search engine. As set out in subsection (13), the operations of the search service are taken to mean operations which enable users to make search requests, and which subsequently generate responses to those requests. The duties therefore apply to the person or entity that controls which search results appear to users and how they appear, rather than on any other entity that may embed or otherwise use a search engine.
	Subsections (6) and (7) provide that the provider of a combined service is the entity which meets both definitions in the preceding four subsections. If the entity (or individual(s)) which controls who can use the user-to-user part of the service is different from the entity (or individual(s)) which controls the search engine, it will not be a combined service (see the definition of "combined service" in section 4(7)).
	Subsections (8) and (9) provide that the provider of an internet service which is neither a user-to-user service nor a search service is the entity (or individual(s)) which has control over which content is published or displayed on the service. This is relevant for determining which entities have duties under Part 5.
	Subsections (10) and (11) clarifies who counts as the provider of a service (other than a user-to-user or search service) hosting pornographic content for the purposes of the Act. These subsections make clear that a person who controls a tool which generates content on the service which they provide, such as a generative artificial intelligence bot, is to be regarded as controlling the content generated by that tool.
	Subsection (12) clarifies that someone who provides an access facility in relation to a user-to-user service, which is a facility that can be withdrawn, adapted or manipulated in order to impede access to the user-to-user service (see section 146(10)), is not a provider of that service. This therefore excludes companies which provide infrastructure to other services on a business-to-business basis.
	Examples of "access facilities" include internet access services, web hosting services, domain name services, software as a service products, security software, content delivery network services, app stores, payment service providers and enterprise software.