Communications Act, 2003 : Lawyers Know What They Like And Like What They See

Having had the weekend to look over the Communications Act in full, lawyers seem to like what they see - plenty of work.

Edward Fennell in today’s Times highlights the areas, in the broadcasting realm, where there is much to do for both regulators and lawyers. Indeed, with the size of the task ahead some legal observers are dubious as to whether Ofcom will be ready for an end of year launch.

�Ofcom will have so much to do that it will be a real challenge to get it all ready by the time it is open for business,� Michael Ridley, of Denton Wilde Sapte, commented according to the article.

Ofcom’s requirement to redefine the broadcasting codes, which will move from a ‘taste and decency’ oversight regime to a complaints driven ‘harm and offence’ approach, is one key area where lawyers feel the regulator has its work cut out. It will be a complex and contentious task to clearly define the new criteria.

Certainly it will be interesting to see how things develop during this phase of Ofcom’s emergence. The regulator has lots of discretion in defining new rules such as the broadcasting codes. But as the article points out - “what this means is that over the next five months there will be relentless lobbying of Ofcom by broadcasting lawyers on behalf of their clients, who want to see the rules fixed to their advantage.”

Other points raised in the article include the implications of Human Rights legislation and the role of the Competition Commission, which has already shown its willingness to bare a few teeth on media consolidation. Broadcast lawyers are awaiting the decision on the Carlton-Granada merger before assessing how the market will shape up in the longer term. But most are already positioning themselves to lobby against the BBC’s perceived commercial creep on behalf of their corporate clients.

Some quick consolidation in the new year is predicted and will be welcomed. The article quotes Sean James, a partner at Wiggin & Come - �There are a lot of US predators out there just waiting for the green light�. According to the article he was licking his lips at the prospect of juicy assignments. This is surely the Puttnam brigade’s worst nightmare - a host of lip licking corporate lawyers representing hungry American media sharks - note the use of the word ‘predators’.

Anyway, lets hope that Ofcom’s legal team will be as eager to go to work on the Communications Act as this bunch seem to be.