Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Online infringement of copyright: obligations of internet service providers

Progress reports
124F
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.
S. 124A and cross-heading inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 3, 47(1)
S. 124F inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 8, 47(1)