Digital Economy Act 2010
Official Summary
To make provision about the functions of the Office of Communications; to make provision about the online infringement of copyright, about licensing of copyright and performers’ rights and about penalties for infringement; to make provision about internet domain registries; to make provision about the functions of the Channel Four Television Corporation; to make provision about the regulation of television and radio services; to make provision about the regulation of the use of the electromagnetic spectrum; to amend the Video Recordings Act 1984; to make provision about public lending right in relation to electronic publications; and for connected purposes.
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Overview
The Digital Economy Act 2010 is a UK law designed to update regulations surrounding the digital world, primarily focusing on online copyright infringement, internet domain registries, and the broadcasting sector. It introduced new reporting requirements for internet service providers (ISPs) and copyright holders regarding copyright infringement, and gave the government powers to address issues with internet domain registries and to regulate certain aspects of television and radio services.
Description
The Act covers several key areas:
Online Copyright Infringement
The Act places obligations on ISPs to notify subscribers of reported copyright infringements and to provide copyright owners with lists of infringing subscribers (without revealing identities). It also allows for the creation of codes of practice to regulate these obligations and sets out processes for subscriber appeals.
Internet Domain Registries
The Act empowers the Secretary of State to appoint a manager for an internet domain registry or apply to court to alter its constitution if serious failures occur, such as unfair practices or inadequate complaint handling.
Broadcasting
The Act modifies various aspects of television and radio licensing, including licence expiry dates, the determination of Channel 3 licence areas, and the regulation of public teletext services. It also sets out new functions and reporting requirements for Channel 4 in relation to media content.
Video Recordings
Amendments were made to the Video Recordings Act 1984, introducing a classification system for video games, including criteria for exemption and the designation of authorities responsible for classifications.
Public Lending Right
The Act extends the Public Lending Right Act 1979 to include e-books and audiobooks, clarifying the lending rights of libraries.
Government Spending
The Act doesn't directly specify government spending figures. However, the implementation of its provisions, particularly those concerning OFCOM's expanded reporting and regulatory functions, likely resulted in increased costs for the government. Additionally, the act has the potential for increased legal costs associated with copyright enforcement.
Groups Affected
- Internet Service Providers (ISPs): Increased administrative burdens due to notification requirements, potential costs associated with copyright infringement lists, and possible penalties for non-compliance.
- Copyright Owners: New avenues for pursuing copyright infringement claims, though also increased costs associated with reporting and potential contributions towards ISP costs.
- Internet Users/Subscribers: Potential for notification of alleged copyright infringement and, in severe cases, potential limitations on internet access.
- Channel 4 Television Corporation: New responsibilities regarding media content and reporting.
- Television and Radio Broadcasters: Changes to licensing regulations and terms.
- Video Game Developers and Publishers: New classification requirements and related procedures.
- Libraries: Extended public lending right to include e-books and audiobooks.
- Internet Domain Registries: Increased regulatory scrutiny and potential for government intervention.
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