Telecommunications Act 1984: Difference between revisions
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The provisions of the act included the following: |
The provisions of the act included the following: |
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* Privatising [[BT Group|British Telecom]]. |
* Privatising [[BT Group|British Telecom]]. |
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* Establishing [[Oftel]] as a telecommunications regulator. |
* Establishing [[Oftel]] as a telecommunications regulator to protect consumers' interests and market competition.<ref>{{cite journal |last= Zhang |first=Hongqin |date= |
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January 2014 |title=Cyber Law in the United Kingdom: Review and Comment |url=http://www.atlantis-press.com/php/pub.php?publication=icmess-14&frame=http%3A//www.atlantis-press.com/php/preface.php%3Fpublication%3Dicmess-14 |journal=2014 International Conference on Management, Education and Social Science (ICMESS 2014) |publisher=Atlantis Press |volume= |issue= |pages= |doi=10.2991/icmess-14.2014.46 |isbn=978-90786-77-98-7 |access-date=22 August 2015}}</ref> |
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* Introducing a licensing system for running a telecommunications system or making a connection to another system without a license. Doing so without a license became a criminal offence.<ref>{{cite journal |last= Latipulhayat |first=Atip |url=http://www.jiclt.com/index.php/jiclt/article/view/198 |date= 2013 |title=Telecommunications Licensing Regime: A New Method of State Control After Privatisation of Telecommunications |journal=Journal of International Commercial Law and Technology |publisher= |volume=9 |issue=1 |pages=24-35 |doi= |access-date=22 August 2015}}</ref> |
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* Setting standards for modems according to [[British Approvals Board for Telecommunications|BABT]] rules. |
* Setting standards for modems according to [[British Approvals Board for Telecommunications|BABT]] rules. |
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* Criminalising indecent, offensive or threatening phone calls. |
* Criminalising indecent, offensive or threatening phone calls. |
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==Social media== |
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There is no specific legislation regulating [[social media]] in the United Kingdom, and so this act and its successor (the Communications Act 2003) have been used for that purpose. However, both acts predate the widespread use of social media and it has been argued that their application has been limited and that there is need for further legislation.<ref>{{cite journal |last= Bishop |first=Jonathan |date= 2013 |title=The art of trolling law enforcement: a review and model for implementing ‘flame trolling'legislation enacted in Great Britain (1981–2012) |url=http://www.crocels.com/online-communities-and-e-learning-research/494/the-art-of-trolling-law-enforcement/ |journal=International Review of Law, Computers & Technology |publisher= |volume=27 |issue=3 |pages=301-318 |doi= |access-date=22 August 2015}}</ref> There have been cases when the police have used this act to bring prosecutions against those expressing opinions about the police themselves, a practice that has aroused controversy.<ref>{{cite journal |last= Bishop |first= Jonathan |date= 2012 |title=Scope and limitations in the government of wales act 2006 for tackling internet abuses in the form of ‘flame trolling’ |url=http://slr.oxfordjournals.org/content/33/2/207.extract |journal=Statute Law Review |publisher= |volume=33 |issue=2 |pages=207-216 |doi= |access-date=22 August 2015}}</ref> |
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To protect consumers' interests and market competition, the Telecommunications Act 1984 stipulates that Telecom administration should perform a range of duties, including top and specific duties such as promotion general responsibility and community needs.<ref>Zhang, H. (2014, January). Cyber Law in the United Kingdom: Review and Comment. In 2014 International Conference on Management, Education and Social Science (ICMESS 2014). Atlantis Press.</ref> The Telecommunications Act 1984 makes it criminal offence to run a telecommunications system in the UK, or to make a connection to another system without a license.<ref>Latipulhayat, A. (2013). Telecommunications Licensing Regime: A New Method of State Control After Privatisation of Telecommunications. Journal of International Commercial Law and Technology, 9(1), 24-35.</ref> |
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==Section 94== |
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The argument that because the Telecommunications Act 1984 preceded the introduction of social media that its application is limited has been criticised.<ref>Bishop, J. (2013). The art of trolling law enforcement: a review and model for implementing ‘flame trolling'legislation enacted in Great Britain (1981–2012). International Review of Law, Computers & Technology, 27(3), 301-318.</ref> The use of the Telecommunications Act 1988 by the police to bring prosecutions against those expressing opinions about the police has been questioned.<ref>Bishop, J. (2012). Scope and limitations in the government of wales act 2006 for tackling internet abuses in the form of ‘flame trolling’. Statute Law Review, 33(2), 207-216.</ref> |
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Section 94 of the act provides a very broad power of government regulation of telecommunications in the interests of national security or relations with foreign governments. It allows ''any'' Secretary of State to give secret directions to Ofcom or any providers of public electronic communications networks. They can be instructed “to do, or not to do” any particular thing specified, and the directions do not automatically expire after a certain period. The Secretary of State is required to lay a copy of every such direction before parliament so as to alert parliament to any possible misuse. However, this need not be done if to do so would be against the interests of national security or relations with foreign governments.<ref>{{Cite web| title = 1984 revisited|author=Julian Huppert |date=13 August 2015 | work = openDemocracy| accessdate = 20 August 2015 | url = https://www.opendemocracy.net/digitaliberties/julian-huppert/1984-revisited}}</ref> |
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It is not known to what extent this power has been used. In reply to a parliamentary question, the security minister [[James Brokenshire]] replied: “If the question relates to section 94 of the Telecommunications Act, then I am afraid I can neither confirm nor deny any issues in relation to the utilisation or otherwise of section 94.” The ''Interception of Communications Commissioner'' was asked in 2015 by prime minister [[David Cameron]] to oversee section 94 directions, but was unable to do so because "there does not appear to be a comprehensive central record of the directions that have been issued by the various Secretaries of State." The commissioner recommended that oversight of section 94 directions is put on a statutory footing and that future legislation requires the use of the section 94 directions to be reported to the commissioner.<ref>{{Cite web|author=The Rt Hon. Sir Anthony May |date=16 July 2015 | title = Half-yearly report of the Interception of Communications Commissioner | accessdate = 2015-08-20| url = http://www.iocco-uk.info/docs/2015%20Half-yearly%20report%20(web%20version).pdf |publisher=HMSO}}</ref> |
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==References== |
==References== |
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Revision as of 13:16, 22 August 2015
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| Long title | An Act to provide for the appointment and functions of a Director General of Telecommunications; to abolish British Telecommunications’ exclusive privilege with respect to telecommunications and to make new provision with respect to the provision of telecommunication services and certain related services; to make provision, in substitution for the Telegraph Acts 1863 to 1916 and Part IV of the Post Office Act 1969, for the matters there dealt with and related matters; to provide for the vesting of property, rights and liabilities of British Telecommunications in a company nominated by the Secretary of State and the subsequent dissolution of British Telecommunications; to make provision with respect to the finances of that company; to amend the Wireless Telegraphy Acts 1949 to 1967, to make further provision for facilitating enforcement of those Acts and otherwise to make provision with respect to wireless telegraphy apparatus and certain related apparatus; to give statutory authority for the payment out of money provided by Parliament of expenses incurred by the Secretary of State in providing a radio interference service; to increase the maximum number of members of British Telecommunications pending its dissolution; and for connected purposes. |
|---|---|
| Citation | 1984 c 12 |
| Dates | |
| Royal assent | 12 April 1984 |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Telecommunications Act 1984 (c 12) is an Act of the Parliament of the United Kingdom. The rules for the industry are now contained in the Communications Act 2003.
Provisions
The provisions of the act included the following:
- Privatising British Telecom.
- Establishing Oftel as a telecommunications regulator to protect consumers' interests and market competition.[2]
- Introducing a licensing system for running a telecommunications system or making a connection to another system without a license. Doing so without a license became a criminal offence.[3]
- Setting standards for modems according to BABT rules.
- Criminalising indecent, offensive or threatening phone calls.
Social media
There is no specific legislation regulating social media in the United Kingdom, and so this act and its successor (the Communications Act 2003) have been used for that purpose. However, both acts predate the widespread use of social media and it has been argued that their application has been limited and that there is need for further legislation.[4] There have been cases when the police have used this act to bring prosecutions against those expressing opinions about the police themselves, a practice that has aroused controversy.[5]
Section 94
Section 94 of the act provides a very broad power of government regulation of telecommunications in the interests of national security or relations with foreign governments. It allows any Secretary of State to give secret directions to Ofcom or any providers of public electronic communications networks. They can be instructed “to do, or not to do” any particular thing specified, and the directions do not automatically expire after a certain period. The Secretary of State is required to lay a copy of every such direction before parliament so as to alert parliament to any possible misuse. However, this need not be done if to do so would be against the interests of national security or relations with foreign governments.[6]
It is not known to what extent this power has been used. In reply to a parliamentary question, the security minister James Brokenshire replied: “If the question relates to section 94 of the Telecommunications Act, then I am afraid I can neither confirm nor deny any issues in relation to the utilisation or otherwise of section 94.” The Interception of Communications Commissioner was asked in 2015 by prime minister David Cameron to oversee section 94 directions, but was unable to do so because "there does not appear to be a comprehensive central record of the directions that have been issued by the various Secretaries of State." The commissioner recommended that oversight of section 94 directions is put on a statutory footing and that future legislation requires the use of the section 94 directions to be reported to the commissioner.[7]
References
- ^ The citation of this Act by this short title is authorised by section 110(1) of this Act.
- ^ Zhang, Hongqin (January 2014). "Cyber Law in the United Kingdom: Review and Comment". 2014 International Conference on Management, Education and Social Science (ICMESS 2014). Atlantis Press. doi:10.2991/icmess-14.2014.46. ISBN 978-90786-77-98-7. Retrieved 22 August 2015.
- ^ Latipulhayat, Atip (2013). "Telecommunications Licensing Regime: A New Method of State Control After Privatisation of Telecommunications". Journal of International Commercial Law and Technology. 9 (1): 24–35. Retrieved 22 August 2015.
- ^ Bishop, Jonathan (2013). "The art of trolling law enforcement: a review and model for implementing 'flame trolling'legislation enacted in Great Britain (1981–2012)". International Review of Law, Computers & Technology. 27 (3): 301–318. Retrieved 22 August 2015.
- ^ Bishop, Jonathan (2012). "Scope and limitations in the government of wales act 2006 for tackling internet abuses in the form of 'flame trolling'". Statute Law Review. 33 (2): 207–216. Retrieved 22 August 2015.
- ^ Julian Huppert (13 August 2015). "1984 revisited". openDemocracy. Retrieved 20 August 2015.
- ^ The Rt Hon. Sir Anthony May (16 July 2015). "Half-yearly report of the Interception of Communications Commissioner" (PDF). HMSO. Retrieved 2015-08-20.