The Office of Communications (Ofcom)

Produced in partnership with Andrew Sharpe of Orange Business Services

Practice notes

The Office of Communications (Ofcom)

Produced in partnership with Andrew Sharpe of Orange Business Services

Practice notes

This Practice Note sets out Ofcom’s role in connection with electronic communications networks, services, Radio spectrum, Broadband and online safety.

Ofcom was created under the Office of Communications Act 2002. Its functions (and duties) were established mainly by the Communications Act 2003 (CA 2003). Following the enactment of the Online Safety Act 2023 (OSA 2023), Ofcom is also now the regulator for online safety, affording it additional functions, duties and powers.

Ofcom therefore has regulatory functions over:

•
electronic communications networks, services and radio spectrum
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television and radio services, including the licensing of television reception and the regulation of video-sharing platforms
•
competition in communications markets, and
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online safety

Ofcom has also been designated as the regulator for online safety in the UK under OSA 2023. See Practice Note: The Online Safety Act 2023.

EU regulation and Brexit

Part of the reason for the creation of Ofcom was the requirement for EU Member States to ensure that a competent body was made responsible for the tasks assigned to national regulatory authorities

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Andrew Sharpe

Orange Business Services

Andrew Sharpe is Legal Counsel for Europe at Orange Business Services. Previously he was Head of LexisPSL Commercial. He has particular experience in the technology, media and telecommunications sectors. He regularly lectures on data protection, freedom of information and various IT and telecommunications regulatory issues. He qualified at Taylor Wessing in 1999, and spent time at Clifford Chance and Blake Lapthorn before joining Charles Russell. He was a partner at Charles Russell from 2007.

He co-authored a chapter in the Freedom of Information Handbook (second edition, 2008) as well as two chapters in the Commercial Law Handbook (2009) published by the Law Society. He contributed a chapter to the third edition of Telecommunications Law and Regulation in 2009. He is a regular contributor of articles to Privacy and Data Protection Journal, Freedom of Information Journal and Computer Law & Security Report.

Jurisdiction(s):

United Kingdom

Key definition:

Ofcom definition

What does Ofcom mean?

UK Communications regulator established by the communications act 2003, covering television and radio broadcasts and responsible for representing the interests of citizens and consumers by promoting competition in the broadcast media and protecting the public from harmful or offensive material via the broadcasting code. Ofcom has various wide-ranging powers including the ability to levy financial penalties or force the broadcast of corrections for breaches of the Broadcasting Code.

The Office of Communications (Ofcom)

Produced in partnership with Andrew Sharpe of Orange Business Services