Overview

The Digital Economy Act 2010 is a UK law that updated regulations related to the digital economy, covering aspects of internet infrastructure, online copyright infringement, internet domain registries, television and radio services, and video game classification. It introduced new obligations for internet service providers (ISPs) regarding copyright infringement and empowered the government to take action against online copyright infringement and regulate internet domain names.

Description

The Act introduced several key changes. Firstly, it mandated OFCOM (Office of Communications) to regularly report on UK internet infrastructure and services, including their availability, capacity, and preparedness for emergencies. It also gave OFCOM the power to report on internet domain names at the request of the government. Secondly, the Act established new obligations for ISPs concerning online copyright infringement. ISPs were required to notify subscribers of reported infringements and provide copyright owners with lists of infringements (without revealing subscriber identities). OFCOM was given the power to approve or create a code of practice governing these obligations, which may include provisions about thresholds for notification and cost-sharing mechanisms. The Act also granted the Secretary of State the authority to direct OFCOM to impose technical measures against repeat copyright infringers, such as limiting internet speed or access to certain content, after a period of consultation and parliamentary approval. In addition, it gave the Secretary of State powers to make regulations concerning the use of blocking injunctions to prevent access to websites known for copyright infringement. The act also updated the rules concerning Channel 4, independent television and radio services, public teletext, video game classification, and public lending right for electronic publications.

Government Spending

The Act did not directly specify government spending figures. However, the new reporting, regulatory, and enforcement responsibilities placed upon OFCOM and other government bodies likely increased public spending in these areas. The cost-sharing provisions in the Act aimed to distribute the financial burden between ISPs and copyright holders, potentially mitigating the overall cost to the government.

Groups Affected

• Internet Service Providers (ISPs): Faced new obligations regarding copyright infringement, potentially increasing their administrative and legal costs. Also potentially affected by cost-sharing mechanisms and the potential for technical measures against subscribers.
• Copyright Owners: Gained new tools to combat online copyright infringement through notification processes and infringement lists, but also potentially faced costs related to reporting and legal action.
• Internet Users: Could face notifications about copyright infringement and, in cases of repeated infringement, potential restrictions on their internet access.
• OFCOM: Took on new reporting and regulatory responsibilities, requiring increased resources and staffing.
• Government: Acquired greater control over internet domain registries and the power to implement measures against online copyright infringement, alongside increased responsibilities related to regulating various aspects of the digital media landscape.
• Channel 4: Faced new regulations regarding its media content and public service obligations.
• Independent Television and Radio Broadcasters: Subject to changes in licensing and regulatory regimes.
• Video Game Developers and Publishers: Subject to new video game classification rules.
• Authors and Publishers: Affected by changes to Public Lending Right to include e-books and audio-books.

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