Small print and data User-generated content User-generated content What is user-generated platform, including for example content? a website, is clear; they are User-generated content (UGC) responsible for it. The situation is more complicated when it comes includes any form of content, for to a games business that operates example, images, videos, text and the platform in question. audio, that is posted by users on online platforms, such as social Broadly speaking, provided media or forum functions. It is an operator: becoming increasingly common was unaware of the infringing for game platforms to have UGC or illegal content, and systems integrated into the game itself and to allow users to post UGC had an effective notice and take in chat forums or pin adverts to the down procedure in relation to such platform, or otherwise incorporate content (under which it promptly UGC into gameplay. removes infringing or illegal content from the site once Who is liable for UGC? on notice of it). UGC can be unlawful where, for It can probably rely on what are example, it infringes third party known as ‘safe harbour’ provisions intellectual property rights, is available to ‘information society defamatory or violates individuals’ services’ to argue that it is not privacy rights, or amounts to a liable for the UGC posted by users. criminal offence (eg harassment or These safe harbour provisions hate speech). This raises the question include what’s commonly known as of who is liable for any unlawful UGC. the hosting exemption under the Electronic Commerce Regulations The legal position of an individual 2002 (Regulations). who posts content on a games 132