Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Online infringement of copyright: obligations of internet service providers

Obligations to limit internet access: assessment and preparation
124G
1
The Secretary of State may direct
OFCOM
to—
a
assess whether one or more technical obligations should be imposed on internet service providers;
b
take steps to prepare for the obligations;
c
provide a report on the assessment or steps to the Secretary of State.
2
A “
technical obligation
”, in relation to an internet service provider, is an obligation for the provider to take a technical measure against some or all relevant subscribers to its service for the purpose of preventing or reducing infringement of copyright by means of the internet.
3
A “technical measure” is a measure that—
a
limits the speed or other capacity of the service provided to a subscriber;
b
prevents a subscriber from using the service to gain access to particular material, or limits such use;
c
suspends the service provided to a subscriber; or
d
limits the service provided to a subscriber in another way.
4
A subscriber to an internet access service is “relevant” if the subscriber is a relevant subscriber, within the meaning of section 124B(3), in relation to the provider of the service and one or more copyright owners.
5
The assessment and steps that the Secretary of State may direct
OFCOM
to carry out or take under subsection (1) include, in particular—
a
consultation of copyright owners, internet service providers, subscribers or any other person;
b
an assessment of the likely efficacy of a technical measure in relation to a particular type of internet access service; and
c
steps to prepare a proposed technical obligations code.
6
Internet service providers and copyright owners must give
OFCOM
any assistance that
OFCOM
reasonably require for the purposes of complying with any direction under this section.
7
The Secretary of State must lay before Parliament any direction under this section.
8
OFCOM
must publish every 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. 124G inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 9, 47(1)
S. 124A and cross-heading inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 3, 47(1)