Last amended by Online Safety Act 2023 in 2023. Gave Ofcom new duties as regulator for online safety, extending its remit to internet services and platforms.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Communications Act 2003 is the principal statute governing electronic communications, broadcasting, and spectrum management in the UK. It established Ofcom as the single converged regulator for telecommunications, broadcasting, and postal services. The Act sets the duties and powers of Ofcom, the regulatory framework for electronic communications networks and services, and the regime for regulating television and radio content. It also contains important provisions on media ownership, public service broadcasting, and the regulation of premium rate services.
Key Points
- Established Ofcom as the converged regulator for communications (s.1–s.12)
- General duties to further the interests of citizens and consumers (s.3)
- Regulatory framework for electronic communications networks and services (Part 2)
- Television and radio regulation including programme standards (Part 3)
- Public service broadcasting obligations for BBC, Channel 4, S4C, and Channel 5 (Part 3)
- Media ownership rules to ensure plurality (Part 5, Schedule 14)
- Criminal offence of sending grossly offensive electronic communications (s.127)
- Establishes Ofcom as the UK communications regulator (s.1)
- Ofcom's principal duties: further the interests of citizens and consumers (s.3)
- General conditions for electronic communications providers (s.45)
- Universal service obligation for basic telephony (s.65)
- Broadcasting licensing and standards (Part 3)
- Offence of sending grossly offensive or menacing communications (s.127)
- Media ownership rules (Part 5)
- Established Ofcom as single communications regulator (s.1)
- Duties to further interests of citizens and consumers (s.3)
- Licensing of television and radio services (Parts 1–4)
- Media ownership rules to ensure plurality (Part 5)
- Regulation of electronic communications networks (Part 2)
- Offence of sending grossly offensive messages (s.127)
- Must-carry rules for public service broadcasters
- Establishes Ofcom as converged regulator
- Electronic Communications Code for apparatus
- Broadcasting regulation and licensing
- Universal service obligations
Parts & Sections
Amendments History
2017 — Digital Economy Act 2017
Updated Ofcom's powers regarding the BBC, electronic communications infrastructure, and age verification for online pornography.
2023 — Online Safety Act 2023
Gave Ofcom new duties as regulator for online safety, extending its remit to internet services and platforms.
2023 — Online Safety Act 2023
Gave Ofcom new duties and powers as regulator for online safety, covering user-to-user services and search services.
2017 — Digital Economy Act 2017
Reformed the Electronic Communications Code.
Frequently asked questions
- What is the main purpose of the Communications Act 2003?
- The Communications Act 2003 is the principal statute governing electronic communications, broadcasting, and spectrum management in the UK. It established Ofcom as the single converged regulator for telecommunications, broadcasting, and postal services. The Act sets out Ofcom's duties and powers, the regulatory framework for electronic communications networks, and rules for regulating television and radio content, including media ownership and public service broadcasting.
- What are Ofcom's main duties under the Act?
- Ofcom is established as a body corporate responsible for regulating electronic communications, broadcasting, and postal services in the United Kingdom. Its principal duty is to further the interests of citizens in relation to communications matters and the interests of consumers in relevant markets. Where appropriate, Ofcom promotes competition to achieve these goals.
- Is it a crime to send offensive messages under this Act?
- Section 127 of the Communications Act 2003 creates a criminal offence for sending electronic communications that are grossly offensive or menacing. This provision is part of the Act's framework for regulating electronic communications networks and services, aiming to protect users from harmful content transmitted via electronic means.
- How does the Act regulate media ownership?
- The Act includes media ownership rules designed to ensure plurality in the media landscape. These rules are found in Part 5 and Schedule 14 of the Communications Act 2003. They regulate who can own media companies to prevent excessive concentration of ownership, thereby supporting a diverse range of voices in broadcasting and electronic communications.
- What obligations do public service broadcasters have under the Act?
- The Communications Act 2003 sets out public service broadcasting obligations for the BBC, Channel 4, S4C, and Channel 5. Ofcom is required to carry out regular reviews of these broadcasters and report on the extent to which they are fulfilling the purposes of public service television broadcasting, ensuring they meet their designated remit.