Government launches review to help establish new communications laws

Media and communications businesses, including telephone providers, TV, radio and online publishers, have been asked to respond to a consultation run by the Department for Culture, Media and Sport (DCMS).

In an open letter to the media industry Culture Secretary Jeremy Hunt said that evidence gathered from the review would be used to inform of proposals for a Communications Bill that could lead to a raft of new communications regulations coming into effect in 2015.

"The aim is to put the UK on the path to sustainable, long-term economic growth. With your help, we can ensure that a balanced and proportionate system is put in place, which supports growth not only in the communications sector, but in the economy as a whole," Hunt said in his open letter (6-page / 206KB PDF).

"A regulatory framework suitable for the digital age and properly oriented towards growth is required in order to take account of the rapid pace of change in new communications technologies in the last few years," Hunt said.

"A new Bill is the end point of whole process, but we are willing to take action sooner where primary legislation is not required," Hunt said.

The Government has already commissioned a review into current intellectual property (IP) laws which could have an impact on media companies.

A newspaper report on Monday suggested that Professor Ian Hargreaves, who is leading the Government's review, would advise the creation of a "digital rights exchange" where copyright owners and prospective licensees can communicate online to establish the terms for using material.

The online exchange will "make the UK the best place in the world to do business in digital content,” Hargreaves' report will say, according to Financial Times. Hargreaves is expected to publish his IP report later this week.

Hunt said that the aim of the Government's plans was to simplify rules restricting the media market from growth. He identified the Office of Communications (Ofcom), the UK's communications regulator, as needing "the right powers and duties to work in a way that gives businesses confidence in the regulatory system," Hunt said.

The Review of the Communications Sector included questions asking whether regulations could apply across different media platforms and whether the Government should intervene to improve investment in communications networks. The questionnaire's final question asks how regulation could balance the growth aspirations of content creators with the rights of people.

"Where specific approaches haven’t worked, how can the framework of content regulation be made sufficiently coherent and not create barriers to growth, but at the same time protect citizens and enable consumer confidence?" the Review of the Communications Sector questionnaire asks.

The rights of publishers and individuals have been at the centre of court and media clashes in recent weeks. The European Court of Human Rights (ECHR) ruled last week that media editors did not have to inform people if they planned to write stories about their private lives. The ECHR said such a move would have a "chilling" effect on journalism.

The right to free speech and the right to a private life are both guaranteed under the European Convention on Human Rights and the UK Human Rights Act.

Jeremy Hunt said last week that he would look at establishing new privacy laws to combat flouting of court rules on the internet. He said that measures were needed to account for information revealed on social networking sites such as Twitter.

An anonymous user posted comments about celebrities' private lives earlier this month claiming the details were banned from publication under court super-injunctions. The gagging orders prevent the details of a case, and the existence of the court order banning publication of the details being revealed, from being revealed.

Last week a judge in the Court of Protection issued what is believed to be the first court banning order to specifically name social networking sites as those banned from reporting a case.

The Review of the Communications Sector is open until 30 June 2011.

"Evidence collected will be used to inform the development of a Green Paper and, following publication, there will then be a long period of consultation with a view to producing a White Paper and Draft Bill by April 2013," Hunt said.

“Ten years ago few could have predicted the extent to which developments in communications and media technology would influence our lives. Broadband is now available to 70 per cent of UK homes, music downloading has revitalised the singles chart and the power of social media has not only had a major impact on our day to day lives but is influencing political change around the world," Hunt said in a statement on the DCMS website.

“So the question is how do we stay ahead of the curve? We need to imagine what new technologies will emerge and how broadcasting and telecommunications might look in another 15 years. We want a communications framework that will drive growth and innovation, remove unnecessary burdens and continue to protect consumers and the public,” Hunt said.

Hunt said that the Government would be asking for comments about specific pieces of regulation from July and that it would attempt to forge a link between rules that "cut across all sectors" to any adaptations it made to how communications is governed.

Technology law news is also available from Bootlaw, a free resource for technology start-ups, with regular events hosted by Pinsent Masons.