In 2007, there were around 700 Internet service providers (ISPs) in the U.K. 18 Of the
broadband providers, however, Virgin Media and BT (formerly British Telecom) provided services for half of the market; 19 along with the three next largest providers,
they comprise 84 percent of the market. 20 Broadband service has expanded so significantly in the last four years that it is now more affordable than dial-up service. 21 Currently, no restrictions exist on the amount of information a user can send and receive
when subscribing to broadband service, but it is recognized that network management
might be required in the future. 22
In December 2008, the majority of ISPs in the U.K. agreed to better inform their customers about Internet connection speeds. This scheme, which would benefit approximately 95 percent of the U.K.’s Internet users, was adopted in response to consumer
confusion about advertisements that promised broadband speeds that were largely
unattainable. 23
Legal and Regulatory Frameworks
The telecommunications industries are regulated by the Office of Communications
(Ofcom). 24 Ofcom’s mandate includes, among other duties, the protection of audiences against harmful material, unfairness, and infringements of privacy. 25 Broadcasting in the U.K. is regulated by the Department for Culture, Media, and Sport (DCMS). 26
As a member state of the European Union, the U.K. has integrated the bloc’s communication directives into its national law. The European Parliament has recently voted
on the new proposals by the European Commission (EC) to reform the telecommunications regulations with the idea of promoting competition on a pan-European level
and taking further steps to preserve information security, including controlling spam,
spyware, and other malicious software. 27 Updated regulations are expected to be integrated into national legislation starting in 2010.
In 2000, the EU adopted a proposal concerning, inter alia, the dissemination of child
pornography on the Internet. 28 The notes to the proposal explicitly state that service
providers normally will not be held liable for any dissemination, caching, or hosting
of child pornography, though they are held liable if they commit illegal acts that benefit the service provider. 29 This is consistent with broader EU law which states that ISPs
acting as ‘‘mere conduits’’ of information are not liable for any illegal information
transmitted. 30 European Union law specifically provides that ISPs are under no obligation to monitor the information they transmit, but they must be able to provide information on its transmission given an appropriate request from the government. 31
Though U.K. authorities do not oblige ISPs to monitor the information being transmitted, at least one major ISP, BT, filters child pornography materials. 32 However, BT
stresses that they do not affirmatively search for sites to block, but rather act only
upon reports by users and information provided by the Internet Watch Foundation
United Kingdom
359
broadband providers, however, Virgin Media and BT (formerly British Telecom) provided services for half of the market; 19 along with the three next largest providers,
they comprise 84 percent of the market. 20 Broadband service has expanded so significantly in the last four years that it is now more affordable than dial-up service. 21 Currently, no restrictions exist on the amount of information a user can send and receive
when subscribing to broadband service, but it is recognized that network management
might be required in the future. 22
In December 2008, the majority of ISPs in the U.K. agreed to better inform their customers about Internet connection speeds. This scheme, which would benefit approximately 95 percent of the U.K.’s Internet users, was adopted in response to consumer
confusion about advertisements that promised broadband speeds that were largely
unattainable. 23
Legal and Regulatory Frameworks
The telecommunications industries are regulated by the Office of Communications
(Ofcom). 24 Ofcom’s mandate includes, among other duties, the protection of audiences against harmful material, unfairness, and infringements of privacy. 25 Broadcasting in the U.K. is regulated by the Department for Culture, Media, and Sport (DCMS). 26
As a member state of the European Union, the U.K. has integrated the bloc’s communication directives into its national law. The European Parliament has recently voted
on the new proposals by the European Commission (EC) to reform the telecommunications regulations with the idea of promoting competition on a pan-European level
and taking further steps to preserve information security, including controlling spam,
spyware, and other malicious software. 27 Updated regulations are expected to be integrated into national legislation starting in 2010.
In 2000, the EU adopted a proposal concerning, inter alia, the dissemination of child
pornography on the Internet. 28 The notes to the proposal explicitly state that service
providers normally will not be held liable for any dissemination, caching, or hosting
of child pornography, though they are held liable if they commit illegal acts that benefit the service provider. 29 This is consistent with broader EU law which states that ISPs
acting as ‘‘mere conduits’’ of information are not liable for any illegal information
transmitted. 30 European Union law specifically provides that ISPs are under no obligation to monitor the information they transmit, but they must be able to provide information on its transmission given an appropriate request from the government. 31
Though U.K. authorities do not oblige ISPs to monitor the information being transmitted, at least one major ISP, BT, filters child pornography materials. 32 However, BT
stresses that they do not affirmatively search for sites to block, but rather act only
upon reports by users and information provided by the Internet Watch Foundation
United Kingdom
359