United KingdomCommunications Act 2003, Persistent Misuse of Networks and Services
Communications Act 2003, ss. 128-130
In force since .
A telephone contact rule binding public and private bodies.
- Enforcement body
- Ofcom, the Office of Communications.
- Obligation class
- Prohibition
What it requires
- Do not use an electronic communications network or service, or conduct yourself through one, in a way whose effect or likely effect is to cause another person unnecessarily to suffer annoyance, inconvenience or anxiety.
- Do not repeat that use often enough to show a pattern of behaviour or practice, or recklessness as to whether people suffer annoyance, inconvenience or anxiety: Ofcom can then give you a notification, require you to stop, and penalise you up to GBP 2,000,000.
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Section 130(4) caps a penalty at GBP 2,000,000 as Ofcom determine to be appropriate and proportionate to the misuse; the Secretary of State may substitute a different maximum by order under section 130(9).
- Rule
- Fixed only
- As of
- Currency
- GBP
- Fixed cap
- 2,000,000
What this law does
Under sections 128 to 130 of the Communications Act 2003, Ofcom may notify a person it finds has persistently misused an electronic communications network or service, where the effect or likely effect of the use is to cause another person unnecessarily to suffer annoyance, inconvenience or anxiety, and may penalise that person up to GBP 2,000,000 if the misuse persists or an enforcement notification is breached.
When LexLint raises it
When your app profile says your app sends automated outreach.
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