Raising the maximum penalty for persistent misuse of an
electronic communications network or service to tackle the problem
of silent and abandoned calls to consumers
Ref: 01.10
This consultation seeks views on whether the maximum penalty
should be increased, and if so whether the new maximum should be
£250,000, £500,000, £1 million or £2 million.
Background to consultation
Ofcom published on 10 September 2008 a revised statement of
policy on the persistent misuse of an electronic communications
network or service, which can be found at
Ofcom.
The statement includes examples of behaviour which may lead
Ofcom to take enforcement action. The previous penalty of £5,000
was increased to £50,000 in April 2006.
Ofcom has asked the Government to increase the maximum penalty,
recommending that it be raised from £50,000 to £2 million. The
Government believes in strengthing consumer protection whenever
possible and feels on balance that an increase would be beneficial,
despite Ofcoms’ research seeming to indicate that the general level
of silent calls may be decreasing. Ofcom considers that the current
maximum penalty is not a high enough figure to represent a real
sanction or an effective deterrent to companies that continue to
persistently misuse networks or services by making silent and
abandoned calls.
The Consultation can be accessed on the following BERR link.
The Consultation closes on 23rd January
2010.
Posted 08.01.10