The Digital Economy Act

What will it do?

The Digital Economy Act is a major step forward by the UK government in promoting growth in the creative industries. The government is attempting to significantly reduce the unlicensed uploading and downloading of creative work. The provisions aim to change consumer behaviour and reduce the amount of illegal activity, but to do so in a proportionate and educational way. In short, the Act enshrines in law new obligations for internet service providers (ISPs) to work with rights holders to tackle online copyright theft. It is simplest to see the Act’s copyright provisions in three parts:

 

  • First, ISPs are required to send notices to customers if they infringe copyright, and to maintain a list of the addresses used and the number of infringements notified to the ISP against such addresses.
  • Second, it creates a reserve power to bring in measures that would restrict people's internet access in the event that the sending of notices – for an initial year – doesn’t succeed in reducing this type of copyright theft.
  • And third, the government has the power to introduce new regulations on how courts can order ISPs to block certain websites. This is commonly referred to as ‘site-blocking.’

 

The CCC is fully supportive of the Digital Economy Act (DEA) which became law in April 2010 and in particular the central principle that Internet Service Providers (ISPs) should be obliged to take a role in tackling illegal file-sharing on their networks.

 

Our focus now is on ensuring that the Act is implemented as quickly as possible and that the costs associated with the new system are shared in a way which does not put smaller rights holders at a disadvantage.  The coalition strongly believes that if the costs are not shared appropriately the objective of tackling piracy and protecting jobs will be seriously undermined.

 

The Act was challenged in the High Court by BT and Talk Talk in March this year when they took it to Judicial Review.  They lost on 93% of their case.  The Judge found the DEA to be a more efficient, focussed and fair system than the current arrangements.  A further attempt to appeal was refused by the Judge. BT and Talk Talk have also been refused permission to appeal to the Court of Appeal but there will be an oral hearing which is scheduled for 5 October 2011.

 

The Creative Coalition Campaign is disappointed that BT and Talk Talk will not work with Government and rights holders to get on and implement this crucial piece of legislation.