Ofcom has announced that, from 16 September 2024, broadband providers are required to clearly indicate to customers, before they agree to purchase a broadband service, whether the broadband technology used is a new ‘full-fibre’ network. This comes as a result of the term ‘fibre’ being previously used inconsistently, causing confusion among customers. Providers are now to give a short description, using unambiguous terms, of the network technology they use, such as ‘full-fibre’, ‘cable’, ‘copper’ or ‘part-fibre’. Providers are also required to give a more detailed explanation of the technology they use in an accessible and user-friendly format.

Broadband that encompasses either mobile or fixed access technologies that provide connections at speeds higher than the primary rate (for example, 2 Mbit/s).

A broadcast is a copyright work which is electronic transmission of visual images, sounds or other information which is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them or is transmitted at a time determined solely by the person making the presentation to members of the public.

TMT analysis: Salman Iqbal brought defamation proceedings against Geo TV Ltd over its broadcast (in England) of allegations made about him (the Broadcast) during a political rally in Pakistan (the Rally). Before filing a Defence, Geo TV asserted that it would rely on a defence of qualified privilege under section 15 of the Defamation Act 1996 (DeA 1996) on the basis that the broadcast was a fair and accurate report of a public meeting. It argued that Mr Iqbal had no realistic prospect of defeating its defence, and sought summary judgment on this basis (the Application). The court refused the Application, holding that two of the requirements of the defence under DeA 1996, s 15 were not suitable for summary judgment in this case. Written by Maya Mills, associate and Henry Fox, associate director at Osborne Clarke LLP.

Ofcom’s statutorily-obligated set of standards for the content of programmes transmitted over radio or television.

CASE HUB NOTE—appeal lodged before the General Court in Case T- 876/19 in relation to the imposition of interim measures ARCHIVED–this archived case hub reflects the position at the date of the decision to accept commitments on 7 October 2020; it is no longer maintained. See further, timeline commentary and related cases. Case facts Outline European Commission Article 102 TFEU investigation into Broadcom Inc looking at alleged exclusionary practices in relation to the supply of systems-on-a-chip for TV set-top boxes and modems (Case AT.39711). Latest development On 7 October 2020, the Commission announced that it had accepted commitments from Broadcom, and the investigation has therefore been closed. Under the commitments accepted, Broadcom will: • in the EEA, not require or induce by means of price or non-price advantages an OEM to obtain any minimum percentage of its EEA requirements for Systems-on-a-Chip (SoCs) for TV set-top boxes, xDSL modems and fibre modems from Broadcom • in the EEA, not condition the supply of, or the granting of advantages for, SoCs for TV set-top boxes, xDSL modems and fibre modems

CASE HUB Note—appeal lodged before the General Court in Case T- 503/25 ARCHIVED—this archived case hub reflects the position at the date of the decision on 12 July 2023; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger investigation into the proposed acquisition of VMware by Broadcom (M.10806). The transaction involves horizontal overlaps in the supply of network interface cards, fibre channel host-bus adapters and storage adapters. Latest developments On 12 July 2023, the Commission cleared the merger subject to commitments. The Commission was concerned that Broadcom would have the ability and incentive to foreclose Marvell, the only rival on the market for the supply of FC HBAs, by restricting or degrading the interoperability between VMware’s server virtualisation software and Marvell’s hardware.To address the Commission’s concerns, Broadcom offered: (i) guaranteed access to the interoperability application programming interfaces as well as to the materials, tools and technical support necessary for developing and certifying third-party FC HBAs; (ii) to ensuring interoperability with VMware's server virtualization software and to third parties having access to this

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 21 August 2023; it is no longer obtained. See further, timeline and commentary. Case facts Outline UK merger investigation into the anticipated acquisition by Broadcom Inc. of VMware, Inc. The transaction involves horizontal overlaps in the supply of network interface cards, fibre channel host-bus adapters and storage adapters. Latest developments On 21 August 2023, the CMA issued its final report, unconditionally clearing the transaction. The CMA confirmed its provisional findings that the: (i) potential financial benefit to Broadcom Inc and VMware Inc of making rival products work less well with VMware Inc's software would not outweigh the potential financial cost in terms of lost business; and (ii) merger would be unlikely to harm innovation, in particular since information about new product adaptations only needs to be shared with VMware Inc at a stage when it is too late to be of commercial benefit to Broadcom Inc. Parties • Broadcom Inc: (Broadcom): Broadcom headquartered in San José, California, United States, is

Information Law analysis: The Court of Appeal (CA) has reversed a High Court decision which had discharged a preventative injunction seeking to enforce non-compete and confidentiality provisions against a former employee. The CA’s decision to grant a fresh injunction was based on the fact that, notwithstanding failures by the claimants to comply with their duty of full and frank disclosure, the failings were not deliberate and were of little significance in the context of existing evidence. Denying the claimants injunctive relief on the basis of unintentional and insignificant disclosure failures would not be in the interests of justice or the principle of proportionality. Of particular note is Lord Justice Males’s discussion of the wide scope of the Confidential Information definition, which he pointed out could have potentially detrimental consequences for parties, resulting from a lack of clarity as to what information would be caught. Generally, an injunction should not be made where the injuncted person is incapable of understanding the precise scope of what information he is prevented from using or disclosing, which would be the case when using a broad definition. Written by Marija Nonkovic, associate at Kemp IT Law.

Section 31(6) of the Highways Act 1980 (HiA 1980) states that: ‘6) An owner of land may at any time deposit with the appropriate council— (a) a map of the land, and (b) a statement indicating what ways (if any) over the land he admits to have been dedicated as highways; and, in any case in which such a deposit has been made, declarations [in valid form] made by that owner or by his successors in title and lodged by him or them with the appropriate council at any time— (i) within [20 years in respect of land

Law360: Scottish law firm Brodies LLP has said it has advised Ukraine's Export Credit Agency (ECA) on a novel war risk insurance process, providing cover to shipowners and vessel charterers and allowing the country to ship goods across the Black Sea as the war with Russia continues.

Law360: The insurance industry could face a bill running into hundreds of millions of euros after storms swept Europe over the holiday period, according to Aon plc.