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Government could ask Ofcom to protect business interests, says minister


Ofcom may be asked to look after the interests of businesses as well as those of consumers, the UK's culture minister has said. There is "a legitimate argument" for such a change, the minister said.

Ed Vaizey told the Culture, Media and Sport Committee on Tuesday that the Government could consider changing the remit of the telecoms regulator as part of the ongoing review of UK communications laws.

Vaizey said there was an argument that Ofcom should have a wider remit to consider business interests.

"The communications review is important. I have not seen many of the representations [the Government] has received since the call for evidence in May but I suspect that one of the issues that will come up is that Ofcom should potentially have a duty to take into account the interests of business," Vaizey told the committee (link to video: see from 55 minutes).

"I am not expressing a view on that but I think it would be a legitimate argument that could be put forward," Vaizey said.

The Government is currently considering how to update the Communications Act which became law in 2003. That law makes Ofcom responsible for protecting consumers' rights in the area of communications.

In January culture secretary Jeremy Hunt announced the Government wanted to update the Act to make sure the UK had "the most modern, innovation and investment-friendly legal structure". Hunt said the Government was prepared to re-write a Communications Bill from scratch to make the laws fit-for-purpose.

Hunt asked communication industry representatives for input into how the new laws should be formed in May. In an open letter Hunt said evidence gathered would be used to inform proposals for a new Communications Bill.

A spokesman for the Department for Culture, Media and Sport (DCMS) told OUT-LAW.COM that the department was considering whether to include proposals to widen Ofcom's responsibilities following the closure of the Government's communications laws consultation.

The spokesman said that DCMS had received 130 responses to the consultation, and that a Green Paper would be published later this year detailing draft proposals for the new laws.

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

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