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A recent decision of the House of Lords, although arising out of the use of the telephone, is nonetheless of general audiovisual media interest as the case involves the act of sending a message over the public communications network. It clarifies the meaning and application of “grossly offensive”, including racially offensive, under the Communications Act 2003. Section 127(1)(a), prescribes that “a person is guilty of an offence (a) if he sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character”...

Ofcom, the UK communications regulator, has responsibility for spectrum management, and is subject to a statutory duty to secure optimal use of the spectrum (Communications Act 2003, s. 3(2)(a)). In 2002, an independent review of spectrum management recommended that spectrum pricing be introduced; this recommendation was accepted in general terms by the Government. Ofcom has now produced its proposals for such pricing. Ofcom notes that the electro-magnetic spectrum is a valuable and scarce national resource, with most of the available spectrum now in use. It is thus increasingly important that...

The All Party Parliamentary Internet Group (APIG) is a “discussion forum between new media industries and Parliamentarians for the mutual benefit of both parties.” APIG currently has over 50 members, in addition to a team of officers. APIG has previously produced reports into data retention; spam and the Computer Misuse Act. In November 2005, APIG launched an inquiry into the issues surrounding Digital Rights Management. Written submissions were received from more than 90 individuals and organisations and an oral evidence session was held at the House of Commons (February...

Ofcom, the UK communications regulator, has clarified its procedures for handling complaints about unfair treatment in programmes and unwarrantable infringement of privacy in the making and broadcasting of programmes. It is required by the s.328 of the Communications Act 2003 to establish procedures for the consideration and adjudication of such complaints. Ofcom handles such complaints about both private broadcasters and the BBC. Its new statement takes into account comments made in an earlier consultation process. The most important changes are as follows: There will be a process of “Appropriate...

Cross-promotion rules apply to all private broadcasters licensed in the UK. Cross-promotion means the promotion on one television channel of another channel or service under the same or linked ownership, for example ITV1 promoting programmes available on ITV3, or Channel 4 promoting its digital services or their availability on cable, satellite and Freeview. It is thus to be distinguished from self-promotion, which is the promotion of programmes on the same channel. The importance of cross-promotion has increased considerably with the fragmentation of channels. It is also important as it does not...