Digital Economy Act 2010

8Progress reportsE+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

After section 124E of the Communications Act 2003 insert—

124FProgress reports

(1)OFCOM must prepare the following reports for the Secretary of State about the infringement of copyright by subscribers to internet access services.

(2)OFCOM must prepare a full report for—

(a)the period of 12 months beginning with the first day on which there is an initial obligations code in force; and

(b)each successive period of 12 months.

(3)OFCOM must prepare an interim report for—

(a)the period of 3 months beginning with the first day on which there is an initial obligations code in force; and

(b)each successive period of 3 months, other than one ending at the same time as a period of 12 months under subsection (2).

But this is subject to any direction by the Secretary of State under subsection (4).

(4)The Secretary of State may direct that subsection (3) no longer applies, with effect from the date given in the direction.

(5)A full report under this section must include—

(a)an assessment of the current level of subscribers' use of internet access services to infringe copyright;

(b)a description of the steps taken by copyright owners to enable subscribers to obtain lawful access to copyright works;

(c)a description of the steps taken by copyright owners to inform, and change the attitude of, members of the public in relation to the infringement of copyright;

(d)an assessment of the extent of the steps mentioned in paragraphs (b) and (c);

(e)an assessment of the extent to which copyright owners have made copyright infringement reports;

(f)an assessment of the extent to which they have brought legal proceedings against subscribers in relation to whom such reports have been made;

(g)an assessment of the extent to which any such proceedings have been against subscribers in relation to whom a substantial number of reports have been made; and

(h)anything else that the Secretary of State directs OFCOM to include in the report.

(6)An interim report under this section must include—

(a)the assessments mentioned in subsection (5)(a), (e) and (f); and

(b)anything else that the Secretary of State directs OFCOM to include in the report.

(7)OFCOM must send a report prepared under this section to the Secretary of State as soon as practicable after the end of the period for which it is prepared.

(8)OFCOM must publish every full report under this section—

(a)as soon as practicable after they send it to the Secretary of State, and

(b)in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to have an interest in it.

(9)OFCOM may exclude information from a report when it is published under subsection (8) if they consider that it is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000.