On 30 April 2020 Ofcom published its work plan for 2020/21, which flags two new material upcoming changes in its role for 2020:
- becoming the regulator for on-line harms (aka dealing with ‘fake news’ on social media)
- enforcing the UK’s policy to limit/exclude Chinese network vendors from UK 5G network deployment.
Ofcom explains:
“…the UK Government has announced that it is minded to appoint Ofcom as the new regulator for online harms and has confirmed Ofcom as the regulator for UK-based video-sharing platforms.
The UK Government also announced new legislation to implement recommendations from its Telecoms Supply Chain Review, including enhanced enforcement powers for Ofcom in relation to network security.”
Both of these areas are politically controversial and Ofcom will need to work hard to be seen to be an impartial regulator. We will cover both in more detail in future posts.
So far as the ‘business as usual’ plan is concerned, I commend Ofcom for revising and publishing its annual plan during lockdown, and for its general COVID19 response. Whilst there have been widely documented failures in some other parts of the UK’s public sector, both Ofcom’s initial response, and its ongoing actions have been thoughtful, proportionate and appropriate. There has been no systematic failure of either the UK’s communications infrastructure or regulatory oversight.
Ofcom, as a body created by statute, does not have unlimited discretion and it must have regard to its statutory duties primarily (although not exclusively) set out in the Communications Act 2003. Its annual plan sets out how it intends to achieve its statutory purposes, using its statutory powers having regard to its statutory duties. Since the Digital Economy Act was passed in 2017, this includes having regard to the Government’s strategic priorities, set out in the 2019 UK Government’s Statement of Strategic Priorities. These are:
- World-class digital infrastructure
- Furthering the interests of telecoms consumers
- Secure and resilient telecoms infrastructure
- Postal services
Ofcom’s plan for 2020/21 covers on the following areas:
- Better broadband and mobile – wherever you are
- Fairness for customers
- Supporting UK broadcasting
- Ensuring online communications work for people and businesses
- Enabling strong, secure networks
- Sustaining the universal postal service
- Continuing to innovate in regulation and data to help people and businesses
- Increasing diversity and inclusion
- Support through the EU exit transition period and continued international relationships
More on this in future posts.