The Communications Act 2003 is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
. The act, which came into force on 25 July 2003, superseded the
Telecommunications Act 1984
The Telecommunications Act 1984 (c 12) is an Act of the Parliament of the United Kingdom. The rules for the industry are now contained in the Communications Act 2003.
Provisions
The provisions of the act included the following:
* Privatising ...
. The new act was the responsibility of
Culture Secretary
The secretary of state for digital, culture, media and sport, also referred to as the culture secretary, is a secretary of state in the Government of the United Kingdom, with overall responsibility for strategy and policy across the Department ...
Tessa Jowell. It consolidated the telecommunication and broadcasting regulators in the UK, introducing the Office of Communications (
Ofcom
The Office of Communications, commonly known as Ofcom, is the government-approved regulatory and competition authority for the broadcasting, telecommunications and postal industries of the United Kingdom.
Ofcom has wide-ranging powers acros ...
) as the new industry regulator. On 28 December 2003 Ofcom gained its full regulatory powers, inheriting the duties of the Office of Telecommunications (
Oftel). Among other measures, the act introduced
legal recognition of
community radio
Community radio is a radio service offering a third model of radio broadcasting in addition to commercial and public broadcasting. Community stations serve geographic communities and communities of interest. They broadcast content that is popu ...
and paved the way for full-time community radio services in the UK, as well as controversially lifting many restrictions on cross-
media ownership. It also made it illegal to use other people's
Wi-Fi
Wi-Fi () is a family of wireless network protocols, based on the IEEE 802.11 family of standards, which are commonly used for local area networking of devices and Internet access, allowing nearby digital devices to exchange data by radio waves ...
broadband connections without their permission. In addition, the legislation also allowed for the first time non-European entities to wholly own a British television company.
Provisions of the act
The act had a large number of provisions, including the following:
* Dishonestly obtaining access to the Internet with no intention to pay for the service was made a criminal offence.
* Sending a malicious communication using
social media
Social media are interactive media technologies that facilitate the creation and sharing of information, ideas, interests, and other forms of expression through virtual communities and networks. While challenges to the definition of ''social me ...
was made a criminal offence.
* The
Independent Television Commission, Radio Authority, Office of Telecommunications, and Radiocommunications Agency were merged into Ofcom.
* The telecommunications licensing regime was replaced by a general authorisation for companies to provide telecommunications services subject to general conditions of entitlement, while
BT retained its universal service obligation.
* It was declared an offence to "persistently make use of a public electronic communications network for the purpose of causing annoyance, inconvenience or needless anxiety". Ofcom subsequently developed policies to reduce the number of
silent telephone calls.
* The public service remit for
Channel 4
Channel 4 is a British free-to-air public broadcast television network operated by the state-owned Channel Four Television Corporation. It began its transmission on 2 November 1982 and was established to provide a fourth television service ...
was revised.
* Broadcasters were required to make a proportion of television programmes outside the London area (defined as outside the
M25).
* Restrictions on ITV company ownership were lifted, aside from "public interest" test that was added as an amendment in the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
. The result was the formation of a single entity
ITV plc
ITV plc is a British media company that holds 13 of the 15 regional television licences that make up the ITV network (Channel 3), the oldest and largest commercial terrestrial television network in the United Kingdom.
ITV plc is listed on th ...
controlling all of the
ITV franchises in England and Wales in February 2004.
* The limit on the proportion of
ITN that any ITV operating company could own was abolished.
* Broadcasters were required to carry a "suitable quantity and range of programmes" dealing with religion and other beliefs, as part of their
public service broadcasting.
* Political advertising on television or radio was prohibited.
*Ofcom given the responsibility to 'promote'
media literacy
Media literacy is an expanded conceptualization of literacy that includes the ability to access and analyze media messages as well as create, reflect and take action, using the power of information and communication to make a difference in the w ...
.
* The Gaelic Media Service (now
MG ALBA
MG Alba is the operating name of the Gaelic Media Service ( gd, Seirbheis nam Meadhanan Gàidhlig). The organisation's remit, under the Communications Act 2003, is to ensure that a wide and diverse range of high quality Gaelic programmes is m ...
) was created "to secure that a wide and diverse range of high quality programmes in Gaelic are broadcast or otherwise transmitted so as to be available to persons in Scotland".
*
Community radio
Community radio is a radio service offering a third model of radio broadcasting in addition to commercial and public broadcasting. Community stations serve geographic communities and communities of interest. They broadcast content that is popu ...
stations were recognised as a distinct third tier of radio alongside
BBC Radio
BBC Radio is an operational business division and service of the British Broadcasting Corporation (which has operated in the United Kingdom under the terms of a royal charter since 1927). The service provides national radio stations covering ...
and
commercial radio
Commercial broadcasting (also called private broadcasting) is the broadcasting of television programs and radio programming by privately owned corporate media, as opposed to state sponsorship. It was the United States′ first model of radio (a ...
.
* The authority for the
BBC to collect the
licence fee was set out.
* Provision was made for the requirements for blind and deaf television viewers. This has subsequently included
sign language
Sign languages (also known as signed languages) are languages that use the visual-manual modality to convey meaning, instead of spoken words. Sign languages are expressed through manual articulation in combination with non-manual markers. Sign ...
,
subtitles
Subtitles and captions are lines of dialogue or other text displayed at the bottom of the screen in films, television programs, video games or other visual media. They can be transcriptions of the screenplay, translations of it, or informa ...
and
audio description
Audio description, also referred to as a video description, described video, or more precisely called a visual description, is a form of narration used to provide information surrounding key visual elements in a media work (such as a film or te ...
.
* The
Broadcast Committee of Advertising Practice was established as the regulatory body ensuring that advertising on radio and television is not misleading, harmful, offensive, or beyond the boundaries of taste and decency.
Wi-Fi
It is an offence under section 125 of the act to obtain access to the Internet when there is no intention to pay for that service. The legislation was intended to prevent the major defrauding of communications companies. Nevertheless, the individual practice of
piggybacking (the illicit use of a Wi-Fi connection to access another subscriber's Internet service) was demonstrated to be a contravention of the act by ''R v Straszkiewicz'' in 2005. There have been subsequent arrests for the practice. Piggybacking may also be a breach of the
Computer Misuse Act 1990
The Computer Misuse Act 1990 is an Act of the Parliament of the United Kingdom, introduced partly in response to the decision in ''R v Gold & Schifreen'' (1988) 1 AC 1063 (see below). Critics of the bill complained that it was introduced hastily ...
. Section 125 of the act has been criticised for its vagueness, resulting in the possibility that many users of portable Wi-Fi enabled devices are inadvertently breaching it.
Malicious communications
Section 127 of the act makes it an offence to send a message that is grossly offensive or of an indecent, obscene or menacing character over a public electronic communications network. The section replaced section 43 of the
Telecommunications Act 1984
The Telecommunications Act 1984 (c 12) is an Act of the Parliament of the United Kingdom. The rules for the industry are now contained in the Communications Act 2003.
Provisions
The provisions of the act included the following:
* Privatising ...
and is drafted as widely as its predecessor. The section has been used controversially to prosecute users of social media in cases such as the
Twitter Joke Trial and
Facebook
Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dust ...
comments concerning the
murder of April Jones
April Sue-Lyn Jones (4 April 2007 – ) was a Welsh child from Machynlleth, Powys, who disappeared on 1 October 2012, after being sighted getting into a vehicle near her home. The disappearance of April Jones, aged five, generated a large ...
.
On 19 December 2012, to strike a balance between freedom of speech and criminality, the
Director of Public Prosecutions
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
issued interim guidelines, clarifying when social messaging is eligible for criminal prosecution under UK law. Only communications that are credible threats of violence, harassment, or
stalking
Stalking is unwanted and/or repeated surveillance by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitoring them. The term ...
(such as aggressive
Internet trolling) which specifically targets an individual or individuals, or breaches a
court order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out ...
designed to protect someone (such as those protecting the identity of a victim of a sexual offence) will be prosecuted. Communications that express an "unpopular or unfashionable opinion about serious or trivial matters, or banter or humour, even if distasteful to some and painful to those subjected to it" will not. Communications that are merely "grossly offensive, indecent, obscene or false" will be prosecuted only when it can be shown to be necessary and proportionate. People who pass on malicious messages, such as by retweeting, can also be prosecuted when the original message is subject to prosecution. Individuals who post messages as part of a separate crime, such as a plan to import drugs, would face prosecution for that offence, as is currently the case.
Revisions to the interim guidelines were issued on 20 June 2013 following a public consultation. The revisions specified that prosecutors should consider:
* whether messages were aggravated by references to race, religion or other minorities, and whether they breached existing rules to counter harassment or stalking; and
* the age and maturity of any wrongdoer should be taken into account and given great weight.
The revisions also clarified that criminal prosecutions were "unlikely":
* when the author of the message had "expressed genuine remorse";
* when "swift and effective action ... to remove the communication" was taken; or
* when messages were not intended for a wide audience.
Amendments to the act
*Regulations amended the act in 2009 and 2010, making Ofcom the co-regulator for
video on demand
Video on demand (VOD) is a media distribution system that allows users to access videos without a traditional video playback device and the constraints of a typical static broadcasting schedule. In the 20th century, broadcasting in the form of ...
in the UK, along with
ATVOD and the
Advertising Standards Authority.
* The
Digital Economy Act 2010 amended the Communications Act 2003, giving Ofcom the responsibility of enforcing regulations concerning Internet copyright breaches.
* The
Postal Services Act 2011 allowed Ofcom to take over regulatory responsibility for the
Royal Mail
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, type = Public limited company
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, founder = Henry VIII
, location = London, England, UK
, key_people = * Keith Williams ...
from the
Postal Services Commission.
* The
Audiovisual Media Services Regulations 2014
The Audiovisual Media Services Regulations 2014 is a statutory instrument of the Parliament of the United Kingdom that applies regulations to R18-rated pornography that is available through video on demand or other streaming platforms. Prior to ...
amended the Communications Act 2003 to set out statutory and legal obligations for media distributors of on-demand content. The regulations define the content that can legally be distributed under an
R18 certificate and make it a criminal offence to not adequately restrict access to such content to those aged over 18.
Notable prosecutions
* 2012:
Paul Chambers made a joke on
Twitter
Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
in response to
Robin Hood Airport cancelling flights. He said that unless the facility resolved the problem within a week, he would be "blowing the airport sky high". After an off-duty manager discovered the post, Chambers was arrested by anti-terror police. He was found guilty, lost his job and was ordered to pay a £385 fine and £600 in costs. However, after a strong public outcry and three appeals, the case was eventually overturned.
*2014: A Lincolnshire man was charged with being grossly offensive after posting a photograph of a policeman on social media, with two phalluses drawn on it. The offending picture was passed on to Lincolnshire Police, who arrested the 20-year-old. He was ordered to pay £400 in compensation to the officer in question, in addition to £85 costs and a £60 victim surcharge.
* 2017: ''R v Mwaikambo'' where a 43-year-old man posted one video and seven pictures of a victim of the
Grenfell Towers tragedy to his
Facebook
Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dust ...
account. Notable in this case was the rapidity of conviction: the fire occurred on 14 June and the case was heard but two days later. Mwaikambo was imprisoned by Ikram J for a total of three months.
* 2018:
Mark Meechan
Mark Meechan () (born 19 October 1987) is a Scottish YouTuber and former UK Independence Party candidate for the European Parliament. He uses the online name Count Dankula.
Meechan received press coverage when he posted a video showing him te ...
, a comedian and social commentator, was convicted under the Communications Act in 2018. He had made a video demonstrating how he had trained his girlfriend's dog to perform a
Nazi salute upon hearing the phrase "Sieg Heil" and to respond to being asked if he wanted to "gas the Jews". Even though Meechan said that he was not actually racist and that it was a joke intended to annoy his girlfriend, the court found him guilty of being "grossly offensive" on 20 March. He was fined £800 at Airdrie Sheriff Court on 23 April 2018.
* 2018: A Merseyside woman was convicted under the Communications Act for posting rap lyrics on
Instagram
Instagram is a photo and video sharing social networking service owned by American company Meta Platforms. The app allows users to upload media that can be edited with filters and organized by hashtags and geographical tagging. Posts can ...
which were deemed 'racist', due to them including racially charged language. Chelsea Russell had used lyrics from a Snap Dogg song as a tribute to a boy who died in a road accident. She was sentenced to an eight-week community order, along with an eight-week curfew. She was also ordered to pay costs of £500 and an £85 victim surcharge. Her conviction was quashed on appeal in February 2019.
* 2020: Kate Scottow was convicted in February 2020 for tweeting transphobic insults. This conviction was quashed on appeal in December 2020.
* 2020:
Conservative Party
The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right.
Political parties called The Conservative P ...
candidate Joshua Spencer was sentenced to 9-weeks imprisonment under section 127 for threatening messages towards
Yvette Cooper and her constituency staff.
See also
*
UK public service law
United Kingdom enterprise law concerns the ownership and regulation of organisations producing goods and services in the UK, European and international economy. Private enterprises are usually incorporated under the Companies Act 2006, regulated ...
*
Telecommunications Act 1997, Australia
*
Telecommunications Act (Canada)
*
Telecommunications Act of 1996
The Telecommunications Act of 1996 is a United States federal law enacted by the 104th United States Congress on January 3, 1996, and signed into law on February 8, 1996, by President Bill Clinton. It primarily amended Chapter 5 of Title 47 of ...
, United States
Notes
External links
Practical Law Company's 'Telecoms: a quick guide'
{{Telecommunications industry in the United Kingdom
United Kingdom Acts of Parliament 2003
Public services
United Kingdom public law
Communications in the United Kingdom
Broadcasting in the United Kingdom
History of telecommunications in the United Kingdom
Internet censorship in the United Kingdom
Political funding in the United Kingdom