[UK] Illegal downloaders 'will have internet accounts suspended' after BT loses appeal against Bill

[DVTimes]

The Government could suspend the internet accounts of illegal downloaders after a challenge to new laws was overturned in the High Court.

Justice Kenneth Parker rejected an appeal by BT and TalkTalk which claimed that the Digital Economy Act 2010 was seriously flawed and 'incompatible' with European law.

The internet service providers had argued the law would unlawfully 'impact on the privacy and free expression rights' of consumers but supporters said the bill would protect creative industries that have been hit hard by online piracy.


The act went through in the final days of the last Labour government and the Coalition decided not to repeal it and is now working on implementing elements of the Bill.

A number of MPs and pressure groups voiced concern following the controversial Digital Economy Bill being given royal assent after just two hours of debate in the Commons.


Today?s High Court ruling is a victory for record companies, film studios and other rights holders who have seen falling profits due to illegal downloads.

Measures of the Act are now likely to be introduced, with warning letters sent to persistent offenders, and the threat of reducing broadband speeds or even suspending internet accounts.

This will protect jobs: Lord Puttnam, president of the Film Distributors' Association, said the ruling was a vital measure against piracy

Ofcom is in the process of establishing a tribunal system for internet users to appeal if they feel they have been falsely accused of piracy.

BT and Talk Talk had challenged the legality of the statutory order, currently before Parliament in draft form, designed to regulate sharing the costs of implementing the new legislation.

But Mr Justice Parker, sitting at London's High Court, dismissed all the claims, except for one relating to the costs order, when he removed the ISP's obligation to pay 25 per cent of Ofcom's costs and the costs of establishing an appeals body.

A spokesman for the Department for Culture, Media and Sport said: 'We are pleased that the court has recognised these measures as both lawful and proportionate.

'The Government remains committed to tackling online piracy and so will set out the next steps for implementation of the Digital Economy Act shortly.'

Geoff Taylor, chief executive of the BPI, which represents UK record labels, added: ?This judgment gives the green light for action to tackle illegal downloading in the UK. It confirms that the DEA is proportionate and consistent with European law.

?Shareholders and customers of BT and TalkTalk might ask why so much time and money has been spent challenging an act of parliament to help reduce the illegal traffic on their networks. It is now time for BT and TalkTalk to work constructively with government and with rights holders to implement the Digital Economy Act.?

Lord Puttnam, President of the Film Distributors? Association, commented: ?I am confident this [Act] will help to repair the serious damage online copyright infringement has caused, and continues to cause to the UK?s creative industries.

?In doing so, it also reduces the threat to the many thousands of jobs that the creative industries support.?


The judge ruled Parliament had a wide area of discretion regarding the legislation. He said it had been entitled to decide that the enhanced protection of copyright under the new legislation justified the likely costs of the new measures, taking into account the interests of internet service providers and internet users.

He upheld submissions made by lawyers for the Department for Culture, Media and Sport, who maintained the legislation was consistent with EU legislation and contained sufficient safeguards to protect the rights of consumers and ISPs.

In a statement, BT said it was disappointed by the ruling: ?We are reviewing this long and complex judgement.

?Protecting our customers is our number one priority and we will consider our options once we have fully understood the implications for our customers and businesses.
?This was always about seeking clarity on certain points of law and we have to consider whether this judgment achieves these aims.?

Daniel Hamilton, director of the Big Brother Watch campaign, which is dedicated to fighting intrusions on privacy and protecting liberties, expressed disappointment with the judge's decision.

'The Digital Economy Act represents a worrying incursion on internet users' personal privacy and freedom of access to information,' he said.

'This ruling will force Internet Service Providers, for fear of being prosecuted, to impose strict controls on the type of web services their users may or may not access.

'While illegal copyright infringement is a serious problem which must be tackled, expanding government control over the internet is a hugely regressive step.'



http://www.dailymail.co.uk/news/arti...Act-fails.html