Reference: 1-116586851
22 June 2009
P. John
BY EMAIL: [FOI #12310 email]
ELEANOR BERG
Information Requests
[Ofcom request email]
Dear P. John
Freedom of Information: Right to know request
Thank you for your request for information regarding Value Added Services and Censorship
II which Ofcom received on 22 May 2009 and has considered under the Freedom of
Information Act 2000 (‘the Act’).
You asked the fol owing:
“…It has been reported that mobile broadband providers are, by default, censoring mobile broadband
services to inhibit access to legal web sites which are deemed 'unsuitable for children'.
What protection against unauthorised censorship of legal telecommunications exist in legislation
enforced by Ofcom?
What is the legal basis for operating such communication censorship on an opt out model?
You ask me to clarify what I mean by the term unauthorised communications censorship; I understand
that without explicit authorisation from users of mobile broadband services, legal communications
deemed 'unsuitable for children' are being censored. Such communications are likely to include
perfectly legal content topics such as health information, sexuality, controversial politics, age rated
films, abortion, drugs, music lyrics, and war. I believe that such services - as valued added services
which are not essential to transmission - should only be initiated only with explicit consent from
subscribers.”
While Ofcom does not hold the information you have requested on mobile broadband
providers, by default, censoring mobile broadband services; more general y, you may find
helpful the fol owing.
Ofcom has published the
UK code of practice for the self regulation of new forms of content
on mobiles1.
If, after having read this information, you have any fol ow-up queries, please let me know.
Please quote the reference number above in any future correspondence.
Yours sincerely
Eleanor Berg
If you are unhappy with the response or level of service you have received in relation to your request from Ofcom, you may ask
for an internal review. If you ask us for an internal review of our decision, it wil be treated as a formal complaint and wil be
subject to an independent review within Ofcom. We wil acknowledge the complaint and inform you of the date by which you
might expect to be told the outcome.
The fol owing outcomes are possible:
• the original decision is upheld; or
• the original decision is reversed or modified.
Timing
If you wish to exercise your right to an internal review
you should contact us within two months of the date of this letter.
There is no statutory deadline for undertaking internal reviews and it wil depend upon the complexity of the case, but we aim to
conclude al internal reviews within 2 months. If you wish to request an internal review, you should contact:
Graham Howel
The Secretary to the Corporation
Ofcom
Riverside House
2a Southwark Bridge Road
London SE1 9HA
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information
Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
1 http://www.ofcom.org.uk/advice/media_literacy/medlitpub/ukcode/
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