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GLOSSARY
“Communication”, in relation to a telecommunications operator, telecommunications service or telecommunication system, includes— (a) anything comprising speech, music, sounds, visual images or data of any description, and (b) signals serving either for the impartation of anything between persons, between a person and a thing or between things or for the actuation or control of any apparatus.
GLOSSARY
The communication to the public of a copyright work is an act restricted by the copyright in a literary, dramatic, musical or artistic work, a sound recording or film, or a broadcast.
GLOSSARY
The Communications Act 2003: the main legislation dealing with broadcast media in the United Kingdom, giving rise to Ofcom and containing a number of controversial new offences in relation to misuse of public electronic communications networks that have been used amongst others to prosecute users of social media platforms who have sent threatening or abusive messages or, in some cases, made unintentional threats to public safety.
NEWS
The Communications and Digital Committee has launched an inquiry into the Online Safety Act 2023 (OSA 2023) and issued a public call for written evidence. The inquiry will examine: (1) Ofcom's interpretation, implementation and enforcement of OSA 2023; (2) whether regulated services have made meaningful changes to their systems and design and (3) whether shortcomings in the legislation itself limit the regime's effectiveness. OSA 2023 established a new regulatory regime requiring providers of search engines and social media platforms to manage risks from illegal content and activity, and to protect children from harmful content. The main illegal content and protection of children duties are now in force, with Ofcom having moved into monitoring and enforcement, while other parts of the regime remain under development. The inquiry was prompted in part by stakeholder concerns that the OSA is not delivering the protections Parliament intended. The Committee will also consider the impact of emerging technologies that may pose new harms. Written evidence must be submitted to the Committee by 5 pm on 7 September 2026.
NEWS
The House of Lords Communications and Digital Committee has opened an inquiry into the future of news in the UK to examine issues around impartiality, trust, and the effect of tech platforms and generative artificial intelligence on news media business models. The Committee will examine strategic challenges facing the sector and identify the actions to be taken until 2025 and 2030. As part of the inquiry, the Committee has also launched a call for evidence. The deadline for response is 12 February 2024.
NEWS
The House of Lords Communications and Digital Committee has published the UK Government’s response to its report on AI, copyright and the creative industries, with the government confirming that it no longer has a preferred option for reforming copyright law in relation to artificial intelligence (AI) training. The government says it will not introduce reforms unless it is satisfied they will protect the UK’s creative industries while supporting AI innovation and ensuring that rightsholders are fairly remunerated for the use of their works.
NEWS
The Communications and Digital Committee has published its fourth report of Session 2024–26 examining artificial intelligence (AI), copyright and the creative industries. The report assesses: (1) the UK’s existing copyright framework and its application to generative AI systems; (2) transparency requirements relating to training data; (3) technical controls enabling rightsholders to express preferences regarding the use of their content by AI systems and (4) the emerging licensing market for generative AI content. It also considers the government’s recent AI and copyright consultation, responses to which are currently being analysed. The Committee recommends that the government rule out reforms to the Copyright, Designs and Patents Act 1988 that would remove incentives to license copyrighted works for AI training. It also calls on the government to reach and publish a final decision on its AI and copyright approach within 12 months. In addition, the Committee recommends that the government rule out proposals for a new commercial text and data mining exception with an opt-out mechanism and instead adopt a licensing-first approach.
GLOSSARY
“Communications data”, in relation to a postal operator or postal service, means— (a) postal data comprised in, included as part of, attached to or logically associated with a communication (whether by the sender or otherwise) for the purposes of a postal service by means of which it is being or may be transmitted, (b) information about the use made by any person of a postal service (but excluding any content of a communication (apart from information within paragraph (a)), or (c) information not within paragraph (a) or (b) that is (or is to be or is capable of being) held or obtained by or on behalf of a person providing a postal service, is about those to whom the service is provided by that person and relates to the service so provided.
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and no longer maintained. For information on the acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 (IPA 2016), see Practice Note: Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016. IPA 2016 provides the existing legal framework governing the use of covert surveillance by public bodies. This framework previously had been largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The provisions that govern the retention of communications data are contained within IPA 2016, Pt 4. IPA 2016, Pt 4 provides for the retention of communications data by telecommunications and postal operators so it is available for subsequent access by public authorities when authorised under IPA 2016. For information about the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Powers to require retention of certain types of data The Secretary of State may by a retention notice, in accordance with IPA 2016, s 87, require a
PRACTICE NOTES
This Practice Note provides an overview of the types of communications services commonly outsourced and the reasons for outsourcing. Typical outsourcing structures are also explored, together with key provisions, service levels, benchmarking, warranties and additional issues. Communications outsourcing 'Outsourcing' broadly means the contracting out of a business process or function to another party. Examples of functions which might be outsourced include human resources, payroll processing, IT, customer services, finance and accounting. The outsourcing of communications takes many different forms. While there is no legally approved definition, communications outsourcings usually involve the outsourcing of services associated with voice and/or data communications in some form. Such outsourcings can be: • full outsourcings, involving the outsourcing of a fully functioning private communications network • managed service outsourcings, or • more specific outsourcings, such as the support and maintenance of telecoms apparatus to data centre outsourcing, or the procurement of the supply of handsets A regulatory environment Electronic communications is a regulated sector and providers of electronic communication services (ECSs), electronic communication networks (ECNs) and associated facilities are subject
PRACTICE NOTES
This Practice Note considers the provisions in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 relating to communications with the court and the filing of documents with the court by email in family proceedings, as provided for in FPR 2010, SI 2010/2955, Pt 5, together with FPR 2010, PD 5B (Communication and filing of documents by email) and FPR 2010, PD 5C (Communications with the court). It explains the different requirements for specified organisations and ‘persons other than specified organisations’ and the requirements for any email sent to the court under FPR 2010, PD 5B. Guidance has also been issued by HM Courts and Tribunals Service (HMCTS) on emailing the Family Court or the Family Division of the High Court, which was updated in February 2024, replacing the guidance previously issued in 2017. See: MoJ publishes updated HMCTS email guidance for family proceedings LNB News 19/02/2024 17. The guidance applies when sending information to the court by email and does not apply when uploading documents to HMCTS’s digital case management system, MyHMCTS. Also of note
GLOSSARY
The form of Registered Society (formerly Industrial and Provident Society) provided for by the Co-operative and Community Benefit Societies Act 2014, which is in co-operative form and dedicated to the community, rather than member, benefit. A Community Benefit Society may be, but is not necessarily, an Exempt Charity.