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Ofcom has been investigating the persistent misuse of electronic communications network(s) or service(s) under Sections 128 to 131 of the Communications Act 2003
Ofcom continues to take very seriously the potential unnecessary annoyance, inconvenience, or anxiety which may be caused to consumers by silent and abandoned calls, it has decided to extend this programme of monitoring and enforcement for a further six months.
Separately the Government announced in the Digital Britain report, published on 16 June 2009, that it is going to consult on the level of the maximum statutory penalty for persistent misuse of an electronic communications network or service.
It is hoped that a higher penalty would increase deterrence for those companies who persistently misuse a network or service and cause harm to consumers by making excessive silent and abandoned calls. Such a raise would also serve to address the growing disparity between the various penalties that Ofcom can impose under the Communications Act 2003 in relation to actions causing consumer harm, and those it can impose under the Broadcasting Code.
The relevant chapter of the Digital Britain report can be found at the following link:
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