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IRIS 2010-7:1/38 [GB] Adoption of the Digital Economy Act 2010

The Digital Economy Act received royal assent on 8 April 2010 and came into force (with the exception of certain sections which were granted immediate effect) on 8 June 2010. The Act is intended to regulate digital media and, to a large extent, implements the legislative proposals of last summer’s Digital Britain report (see IRIS 2009-8: 14/20). The Act includes provisions relating to the UK’s communications infrastructure, public service broadcasting, copyright licensing and online infringement of copyright, as well as security and safety online and in video games. Most of the provisions of the...

IRIS 2010-7:1/24 [GB] Online Infringement of Copyright and the Digital Economy Act 2010

The Digital Economy Act 2010, Section 3, concerning ‘Online infringement of copyright’, has amended the Communications Act 2003, Section 124. The Explanatory Memorandum for Section 3 of the 2010 Act states that the Act imposes duties on Internet Service Providers to (a) “notify their subscribers if the internet protocol (“IP”) addresses associated with them are reported by copyright owners as being used to infringe copyright” and (b) “keep track of the number of reports about each subscriber and, on request by a copyright owner, compile on an anonymous basis a list of those subscribers who are...

IRIS 2010-7:1/23 [GB] Competition Authority Decides that Joint Venture for Internet TV Is not a Merger

The Office of Fair Trading, the general UK competition authority, has decided that Project Canvas, a proposed joint venture between the BBC, ITV, Channel 4, Five, BT, Talk Talk and Arqiva, does not constitute a merger and so does not qualify for investigation by the competition authorities. Project Canvas (see IRIS 2010-2: 1/22) is a proposal to build an open Internet-connected television platform with common technical standards. An earlier project (‘Project Kangaroo’) was blocked as anti-competitive by the Competition Commission in 2009 (IRIS 2009-4: 12/16), as it would provide viewers with access...

IRIS 2010-7:1/22 [GB] Competition Authorities Require Restrictions on Advertising Contracts to Continue

The UK Competition Commission, the country’s main competition authority, has decided that the Contract Rights Renewal (CRR) undertakings required of ITV1, the largest commercial broadcaster, are to continue. The undertakings were imposed by the Competition Commission and the Secretary of State after the merger of Carlton and Granada in 2003 to create a single ITV plc. They reflected concerns about the effect of the enhanced market position of the new company on competition in the sale of television advertising airtime. The undertakings allow buyers of advertising airtime to roll forward their pre-merger...

IRIS 2010-6:1/33 [GB] The Digital Economy Bill Becomes Law

The Digital Economy Bill became law, passed in the final days of the last UK Parliament. The Bill was preceded by a White Paper, entitled ‘Digital Britain’, published by the Government in June 2009. The law covers a wide range of matters. The Act makes provisions about: the functions of the Office of Communications; online infringement of copyright and penalties for infringement of copyright and performers’ rights; internet domain registries; the functions of the Channel Four Television Corporation; the regulation of television and radio services; the regulation of the use of the electromagnetic...