Communications Act 2003, section 32

Meaning of electronic communications networks and services

Part 2 Networks, services and the radio spectrum

(1) In this Act “electronic communications network” means—

(a)a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description; and

(b)such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals—

(i)apparatus comprised in the system;

(ii)F118apparatus used for the switching or routing of the signals; ...

(iii)software and stored data [F119; and

(iv)(except for the purposes of sections 125 to 127) other resources, including network elements which are not active.F119]

[F120 (2) In this Act “electronic communications service” means a service of any of the types specified in subsection (2A) provided by means of an electronic communications network, except so far as it is a content service.

(2A)Those types of service are—

(a)an internet access service;

(b)a number-based interpersonal communications service; and

(c)any other service consisting in, or having as its principal feature, the conveyance of signals, such as a transmission service used for machine-to-machine services or for broadcasting.

(2B) In subsection (2A)(a) “internet access service” means a service that provides access to the internet and thereby connectivity to virtually all end points of the internet, irrespective of the network technology and terminal equipment used. F120]

[F121 (3) In this Act “associated facility” means a facility, element or service which is available for use, or has the potential to be used, in association with the use of an electronic communications network or electronic communications service (whether or not one provided by the person making the facility, element or service available) for the purpose of—

(a)making the provision of that network or service possible;

(b)making possible the provision of other services provided by means of that network or service; or

(c)supporting the provision of such other services.F121]

(4)In this Act—

(a)references to the provision of an electronic communications network include references to its establishment, maintenance or operation;

(b)references, where one or more persons are employed or engaged to provide the network or service under the direction or control of another person, to the person by whom an electronic communications network or electronic communications service is provided are confined to references to that other person; and

(c)references, where one or more persons are employed or engaged to make facilities available under the direction or control of another person, to the person by whom any associated facilities are made available are confined to references to that other person.

(5)Paragraphs (a) and (b) of subsection (4) apply in relation to references in subsection (1) to the provision of a transmission system as they apply in relation to references in this Act to the provision of an electronic communications network.

(6)The reference in subsection (1) to a transmission system includes a reference to a transmission system consisting of no more than a transmitter used for the conveyance of signals.

(7) In subsection (2) “a content service” means so much of any service as consists in one or both of the following—

(a)the provision of material with a view to its being comprised in signals conveyed by means of an electronic communications network;

(b)the exercise of editorial control over the contents of signals conveyed by means of a such a network.

(8)In this section references to the conveyance of signals include references to the transmission or routing of signals or of parts of signals and to the broadcasting of signals for general reception.

(9)For the purposes of this section the cases in which software and stored data are to be taken as being used for a particular purpose include cases in which they—

(a)have been installed or stored in order to be used for that purpose; and

(b)are available to be so used.

(10) In this section “signal” includes—

(a)anything comprising speech, music, sounds, visual images or communications or data of any description; and

(b)signals serving for the impartation of anything between persons, between a person and a thing or between things, or for the actuation or control of apparatus.

Definitions used in section 32 10

provide

“provide” and cognate expressions, in relation to an electronic communications network, electronic communications service or associated facilities, are to be construed in accordance with section 32(4);

Defined in s.405(1) · see it in the full Act
apparatus

“apparatus” includes any equipment, machinery or device and any wire or cable and the casing or coating for any wire or cable;

Defined in s.405(1) · see it in the full Act
electronic communications network

“electronic communications network” and “electronic communications service” have the meanings given by section 32;

Defined in s.405(1) · see it in the full Act
number-based interpersonal communications service

(1) In this Chapter “number-based interpersonal communications service” means an interpersonal communications service which—

(a)connects with publicly assigned numbering resources, namely a number or numbers in a national or international numbering plan, or

(b)enables communication with a number or numbers in a national or international numbering plan.

Defined in s.32A(1) · see it in the full Act

“number-based interpersonal communications service” has the meaning given by section 32A(1);

Defined in s.151(1) · see it in the full Act
broadcast

“broadcast” means broadcast by wireless telegraphy, and cognate expressions are to be construed accordingly;

Defined in s.405(1) · see it in the full Act
access

“access” is to be construed in accordance with subsection (4);

Defined in s.405(1) · see it in the full Act
terminal equipment

“terminal equipment” means—

(a)

equipment directly or indirectly connected to the interface of a public electronic communications network to send, process or receive information, with the direct or indirect connection being made by a wire or optical fibre or electromagnetically; or

(b)

equipment which is capable of being used for the transmission or reception, or both, of radio communication signals by means of satellites or other space-based systems;

Defined in s.151(1) · see it in the full Act
electronic communications service

“electronic communications network” and “electronic communications service” have the meanings given by section 32;

Defined in s.405(1) · see it in the full Act
associated facility

“associated facility” has the meaning given by section 32;

Defined in s.405(1) · see it in the full Act
made available

(7B) Subsection (13) of section 264 (interpretation of “made available”) applies for the purposes of sub-paragraph (7) as it applies for the purposes of that section.

Defined in Sch.12 para.3(7B) · see it in the full Act

Cases considering section 32 7

Sky UK Limited v The Office of Communications

[2025] EWCA Civ 1118 · 22 August 2025Interprets

Cited only. The court construed the content-service exclusion as operating before classification under the conveyance-of-signals test. Content must therefore be left out when deciding whether the remaining service is an electronic communications service (see paras [22]; [27]; [67]). The court interpreted the listed service types consistently with the European Electronic Communications Code. For paragraph (c), the conveyance-of-signals inquiry is applied after content services have been excluded (see paras [20]-[22]; [27]; [67]). The court held that, once content services are left out of account, the remaining service qualifies where it consists in or has as its principal feature the conveyance of signals. The test remains a balancing exercise between the remaining technical components (see paras [22]; [74]-[76]). The court treated the words permitting part of a service to be content service as consistent with separating content and non-content elements. They did not require the content exclusion to be applied only after the principal-feature assessment (see paras [26]-[30]).

On Tower UK Limited v AP Wireless II (UK) Limited

[2026] UKUT 245 (LC) · 7 July 2026Interprets

The Tribunal held that a transmission system for conveying signals does not describe a passive network of mast sites. A transmission system may itself form an electronic communications network (see paras [72]-[75]). The apparatus listed in this limb must be used in association with a transmission system. Read with paragraph (a), it does not permit infrastructure alone to qualify as an electronic communications network (see paras [72]-[78]). The Tribunal used the express alternatives in this definition as drafting context for its conclusion that “and” in section 32(1) was conjunctive (see para [73]). The Tribunal relied on the express phrase “one or both” as further drafting context for reading section 32(1) conjunctively (see para [74]).

Chambers v Director of Public Prosecutions

[2012] EWHC 2157 (Admin) · 27 July 2012Interprets

The court uses the statutory definition of electronic communications network to assess whether Twitter operates through such a network. It concludes that the statutory network requirement is satisfied. (see paras [3]; [21]-[25]) The court considers the distinction between an electronic communications service and a content service when analysing Twitter. It treats the message as sent by an electronic communications service for section 127 purposes. (see paras [3]; [25]) The court cites the provision as part of the statutory definition of an electronic communications network. No separate issue turns on its construction. (see para [3]) The court cites the definition of content service in setting out the statutory framework. It does not separately decide the meaning or application of that subsection. Cited only.

What each judgment says about section 32 is in the case-law panel in the full Act.

Explanatory note

86.This section sets out the meanings of the three key concepts – ‘electronic communications network’, ‘electronic communications service’, and ‘associated facility’ - that are referred to throughout this Part.

87.This section implements Article 2(a), (c), (e) and (m) of the Framework Directive.

  • *electronic communications network is defined in subsection (1) as a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy of signals of any description, and associated apparatus, software and stored data.  Examples of such networks include satellite networks, fixed networks (whether circuit- or packet-switched, and including the Internet) and mobile terrestrial networks and networks used for radio and television broadcasting, including cable TV networks.

  • *electronic communications service is defined in subsection (2) as a service consisting, or having as its principal feature, the conveyance, by means of an electronic communications network, of signals except in so far as it is a content service.  Examples of such services include telecommunications services and transmission services in networks used for broadcasting.

  • *associated  facility is defined in subsection (3) as a facility which is available for use in association with an electronic communications network or service in order to make the provision of that network or service (or other services) possible, or to support the provision of other services.  Examples of such facilities include conditional access systems and electronic programme guides.

  • *content service is defined in subsection (7) as so much of a service as consists in (i) the provision of material with a view to it being comprised in signals conveyed over an electronic communications network, or (ii) the exercise of editorial control over the contents of signals conveyed by means of such a network.

  • *a signal is defined in subsection (10) as including anything consisting of speech, music, sounds, visual images and communications or data of any description, and  signals serving for the impartation of anything or for actuating or controlling any apparatus.

All the explanatory notes for the Act

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F118Word in s. 32(1)(b)(ii) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 9(a)(i) (with Sch. 3 para. 2)
  2. F119S. 32(1)(b)(iv) and word inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 9(a)(ii) (with Sch. 3 para. 2)
  3. F120S. 32(2)-(2B) substituted for s. 32(2) (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 6
  4. F121S. 32(3) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 9(b) (with Sch. 3 para. 2)

Commencement

  1. I45S. 32 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)) text for certain specified purposes only, see the commentary.
  2. I46S. 32 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)