The Digital Economy Act
[The Digital Economy Act [1]]
Provisions
- The provisions of the act include:
- Allowing data sharing between government departments in order to provide Digital Government.
- Creating an age-verification regulator to publish guidelines about how pornographic websites which operate "on a commercial basis" should ensure their users are aged 18 or older. The regulator is empowered to fine those who fail to comply up to £250,000 (or up to 5% of their turnover), to order the blocking of non-compliant websites, and to require those providing financial or advertising services to non-compliant websites to cease doing so. The regulator's proposals have to be approved three months before coming into effect. The BBFC has been commissioned to fulfil the regulatory role.
- Age-verification was expected to begin in 2018 but has been delayed until spring 2019.
- Requiring Internet service providers to use Internet filters to block all websites that have adult content, unless customers have opted out.
- Introducing a Universal Service Obligation which allows users to request broadband speeds of at least 10 Mbps. The obligation is to be introduced by 2020, and Ofcom are empowered to subsequently increase the minimum broadband speed requirement.
- Requiring Internet service providers to provide compensation to customers if service requirements are not met.
- Allowing Ofcom, the communications sector's regulator, to financially penalise communications providers for failing to comply with licence commitments.
- Requiring mobile telephony providers to offer a contract cap to customers limiting monthly spending to an agreed figure.
- Providing for increased penalties for nuisance calls.
- Updating the Ofcom Electronic Communications Code to make it easier for telecommunications companies to erect and extend mobile masts.
- Extending Public Lending Right to remotely lent e-books (section 31 of the Act).
- Modifying the Copyright, Designs and Patents Act 1988 to raise the maximum sentence for Internet copyright infringement to 10 years in prison, and allowing English and Welsh courts a greater range of sentencing options in such cases.
- Modifying the Copyright, Designs and Patents Act 1988 to allow public service broadcasters to charge retransmission fees.
- Giving Ofcom oversight of the BBC[8] as its external regulator.
- Empowering Ofcom to require public service broadcasters to include a minimum quantity of children's programming made in the United Kingdom.
