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neilalexanderyesterday at 5:07 PM2 repliesview on HN

I did read the article, yes, and it is clear to me that this is a bug, not a feature. Ofcom were suddenly able to find a "novel reading" when directed to do so by a court as a means to temporarily make the problem go away and to avoid having to weaken the legislation.

They know full well that if a successful legal challenge forced them to weaken parts of the OSA by removing service categories from scope, that they'd effectively open the floodgates to more challenges over other categories. The government and Ofcom don't want their precious work ripped up and the courts seemingly don't want to be responsible for doing so.

Whatever loophole they've found, it is practically a certainty that it will be addressed in the future.


Replies

pocksuppetyesterday at 5:39 PM

The UK has "parliamentary supremacy" which means legislation passed by the parliament overrules everything else. If the court determines the legislation has a problem, it goes back to parliament to make sure parliament intended a certain interpretation, but parliament can either change the law, or they can say the court is wrong and the law stands.

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bcjdjsndonyesterday at 6:11 PM

> Ofcom were suddenly able to find a "novel reading" when directed to do so

You have discovered politics