Out-Law News 2 min. read
18 Nov 2009, 5:03 pm
The Digital Economy Bill was announced by the Government today and is expected to be published on Friday. It commits the Government to passing a law introducing disconnections but makes no mention of court oversight.
Business secretary Lord Mandelson outlined a scheme in October in which connections would be terminated without any judicial involvement, and where users whose accounts were to be cut off could only make an appeal after they had been told about the order. He said, though, that connections would be kept open until an appeal had been heard by an Ofcom-established body.
Culture Secretary Ben Bradshaw said at around the same time, though, that court oversight would have to form any part of the plan.
"It wouldn't just happen on the basis of an accusation. Firstly there would need to be a court order for any of the technical measures," he told the House of Commons Culture, Media and Sport Committee in October.
The Government's plans were outlined in the Queen's speech today. "My Government will introduce a Bill to ensure communications infrastructure that is fit for the digital age, supports future economic growth, delivers competitive communications and enhances public service broadcasting," she said.
A statement from the Prime Minister's office said that the Digital Economy Bill would "[tackle] widespread copyright infringement via a two-stage process. First by making legal action more effective and educating consumers about copyright on-line. Second through reserve powers, if needed, to introduce technical measures, such as disconnection".
The details are expected with the publication of the full Bill later this week. The Digital Britain report, which the Bill was meant to implement, did not recommend introducing disconnection. Lord Mandelson's department, the Department for Business, Innovation and Skills (BIS) introduced the proposal into the Digital Britain consultation part of the way through it.
Consumer protection advice organisation Which? said that the plans could lead to the disconnection of innocent internet users.
"Although we support a crackdown on illegal file-sharing, we’re concerned that these proposals could see the wrong people being targeted while the real culprits slip through the net," said Which? chief executive Peter Vicary-Smith. "We must ensure that illegal file-sharers are identified and dealt with appropriately and that those who have been wrongly accused have access to a fair, free and quick independent adjudication system and that any penalties are proportionate."
The plans were welcomed, though, by record label representative body the British Phonographic Industry (BPI).
“It is good news for fans of British music that Government is now introducing legislation to tackle illegal downloading," said its chief executive Geoff Taylor. "The creative sector in the UK needs new measures implemented urgently that address this problem for now and the future if the UK is to lead Europe in giving consumers innovative and high quality digital entertainment.”
Lord Mandelson's plans, outlined in October, would allow for the disconnection of households in which illegal downloading was suspected without court involvement or warrants. Connection owners could appeal to an independent body to be set up by telecoms regulator Ofcom, according to those plans. The connection would stay live while that appeal was heard.
Internet service providers (ISPs) have opposed the plans. ISP Talk Talk has said that it will challenge them in the courts if it is forced to disconnect users without a court's involvement.
"The approach is based on the principle of ‘guilty until proven innocent’ and substitutes proper judicial process for a kangaroo court. What is being proposed is wrong in principle and it won't work in practice. We know this approach will lead to wrongful accusations," said a Talk Talk statement.