Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Persistent misuse of network or service

Notification of misuse of networks and services
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1
Where OFCOM determine that there are reasonable grounds for believing that a person has persistently misused an electronic communications network or electronic communications services, they may give that person a notification under this section.
2
A notification under this section is one which—
a
sets out the determination made by OFCOM;
b
specifies the use that OFCOM consider constitutes persistent misuse; and
c
specifies the period during which the person notified has an opportunity of making representations about the matters notified.
3
That period must not be less than the following—
a
in an urgent case, seven days; and
b
in any other case, one month.
4
A case is an urgent case for the purposes of subsection (3) if OFCOM consider—
a
that the misuse in question is continuing; and
b
that the harm it causes makes it necessary for it to be stopped as soon as possible.
5
For the purposes of this Chapter a person misuses an electronic communications network or electronic communications service if—
a
the effect or likely effect of his use of the network or service is to cause another person unnecessarily to suffer annoyance, inconvenience or anxiety; or
b
he uses the network or service to engage in conduct the effect or likely effect of which is to cause another person unnecessarily to suffer annoyance, inconvenience or anxiety.
6
For the purposes of this Chapter the cases in which a person is to be treated as persistently misusing a network or service include any case in which his misuse is repeated on a sufficient number of occasions for it to be clear that the misuse represents—
a
a pattern of behaviour or practice; or
b
recklessness as to whether persons suffer annoyance, inconvenience or anxiety.
7
For the purpose of determining whether misuse on a number of different occasions constitutes persistent misuse for the purposes of this Chapter, each of the following is immaterial—
a
that the misuse was in relation to a network on some occasions and in relation to a service on others;
b
that different networks or services were involved on different occasions; and
c
that the persons who were or were likely to suffer annoyance inconvenience or anxiety were different on different occasions.
8
If he considers that appropriate alternative means of dealing with it exists, the Secretary of State may by order provide that a use of a description specified in the order is not to be treated for the purposes of this Chapter as a misuse of an electronic communications network or electronic communications service.