Digital Economy Act - Judicial Review?

12 July 2010

Digital Economy Act - Judicial Review?

As the battle between music copyright owners and illegal file sharers continues, a third party has entered its hat into the ring. The ISP.

More and more copyright owners are taken action (often large scale) against illegal file sharers. It has led to a rise in firms targeting bulk numbers of file sharers in one hit in an attempt to prevent illegal file sharing and to recover damages for the illegal activity. The music industry has for many years been shouting for a stronger more direct approach to tackling the problem which is estimated to cost the industry £400 million per year.

In answer to these shouts and in an attempt to tighten up the law regarding illegal file sharing the Government pushed through the Digital Economy Act - designed to support the music industry and quash large scale infringement of copyright.

The Bill, which was drafted under the Labour government and made law by the coalition government, has received a large amount of critique (both positive and not so positive) but it is generally accepted that the bill was passed without the discussion and scrutiny that it warranted. After all the bill will fundamentally change the law on the matter and the actions available to copyright owners.

Amongst the biggest critics of the new Bill/Act are Internet Service Providers.

It has been reported this week that tow of the UK's biggest ISPs are to challenge the legality of the bill. It is believed that they are to request clarity from the High Court as to the legality of the Act and whether it is consistent with EU laws.

The Act will enable copyright holders to block access to websites which host illegal content. It will also give powers to disconnect persistent file sharers. Persistent illegal sharers will be sent a warning letter and if their actions continue their ISP address will be blocked.

However it is believed that the code of practice will cover only the large ISPs and therefore it is being argued that this may cause the large ISPs to lose customers to the smaller companies.

What seems clear is that the Bill needed more time, it needed more discussion and scrutiny and this may now be had.

Jody Tsigarides is a Solicitor who specialises in IP law. jody.tsigarides@lawdit.co.uk