Out-Law News 3 min. read

Review into viability of website blocking rules to be announced soon, Government says


A report into a whether website blocking measures are viable is to be published shortly, the Culture Minister has said.

Ed Vaizey said the Government would publish a report by telecoms regulator Ofcom into sections of the Digital Economy Act (DEA). Sections 17 and 18 of the Act state conditions under which new regulations could be drawn to help combat online copyright infringement.

The Act allows for regulations to be drawn up to permit courts to issue blocking injunctions to internet service providers (ISPs). The injunctions would force ISPs to stop customers using their service to access pirated copyright works.

"We will publish Ofcom’s report into the workability of sections 17 and 18 of the DEA shortly, and our reaction to it," Vaizey said in a speech at the British Recorded Music Industry (BPI) annual general meeting.

An Ofcom spokeswoman told OUT-LAW.COM that it has already handed the Government its report and is waiting for it to be made publicly available.

A spokesman for the Department for Culture, Media and Sport (DCMS) said the Government was considering the report but would not clarify when the report would be published.

Vaizey said a working group on website blocking had revealed "promising work". A recently leaked document revealed that a group representing copyright owners had proposed that a voluntary code be set up to help tackle illegal filesharing.

The Rightsholder Group proposals outlined a voluntary code that would let an "expert body" decide if websites that host copyright-infringing material should be blocked.

Under the plans copyright owners would identify websites they believe are infringing their copyright and an "expert body" would then decide whether to recommend that a court issues an injunction banning the site from hosting infringing material, according to the documents.

Internet service providers (ISPs) that sign-up to the code will then block access to the sites, the documents said.

The Department for Culture Media and Sport confirmed that a meeting to discuss the proposals had taken place between rights holders, internet service providers (ISPs) and the Government.

“The Government hosted a useful discussion between ISPs and rights holders on issues around industry proposals for a site blocking scheme to help tackle online copyright infringement," a DCMS spokesman said in a statement it sent to OUT-LAW at the time.

“Consumer representatives were invited and Consumer Focus attended the meeting,” the statement said.

The Rightsholder Group said that the self regulatory measures could "largely supplant" the need for regulations governing website blocking measures.

In his speech Culture Minister Ed Vaizey said Government had a role to protect the creative industries and described as "valuable" discussions he had held with copyright owners and others during roundtable gatherings.

Provisions within the DEA also require Ofcom to write new rules governing illegal filesharing on internet.

Ofcom, the UK's media regulator, drafted plans last year that would force ISPs to hand over details of customers who were illegally sharing files of copyrighted material to copyright holders to allow them to take action.

If the Government enacts Ofcom's draft code ISPs could have to suspend users' internet access if they are found to be illegally downloading copyrighted material.

"ISPs have their role to play in helping their users to find legitimate content," Vaizey said in his speech. "Let’s remember that the majority of people do not infringe, but are looking for ways to hear music in ways that they want to."

"The majority of those that do infringe can be persuaded to stop, if they are not made to feel they are the losers here. It is also about getting young people into the habit of getting their music legitimately. If you can attract the student to paid-for content, then he is probably your customer for life," Vaizey said.

A DCMS spokesman told OUT-LAW recently that new regulations proposed by Ofcom could take affect in 2012.

BT, the largest ISP in the UK, and fellow provider TalkTalk lost a High Court legal challenge against the part of the DEA that could make ISPs responsible for the copyright infringement of users. The Court of Appeal has refused to hear an appeal by the ISPs. They had argued that the DEA violated EU privacy and electronic communications laws.

Technology law news is also available from Bootlaw, a free resource for technology start-ups, with regular events hosted by Pinsent Masons.

We are processing your request. \n Thank you for your patience. An error occurred. This could be due to inactivity on the page - please try again.