High court: Digital Economy Act proportionate and in line with European law

The high court of London has ruled that the Digital Economy Act (DEA), that sets out to implement a three-strikes regime in the United Kingdom, is indeed in line with European law. Britain’s two largest ISPs, BT and TalkTalk, brought the Digital Economy Act to the High Court for a review as they felt that the law would infringe on the basic rights and liberties of internet users. The high judge dismissed all but one of the complaints of the two ISPs.

This is good news for the British government that can now go ahead with the implementation of the law. As a measure to deter file-sharers, the sending of thousands of letter to alleged downloaders will now go ahead as planned in the first half of next year.

The judge ruled that the DEA, contrary to the ISPs’ arguments, does not pose a disproportionate response to copyright infringement. The argument that the DEA is unlawful as the previous Labour government did not notify the European Commission about the bill was also dismissed, as were the claims that the DEA infringes data protection legislation and that the DEA makes ISPs liable for copyright infringement on their networks.

The court did uphold the ISPs’ claim that the act is unlawful because it forces ISPs to carry 25% of the financial burden of sending notices and implementing an appeals system. As a result, the ISPs are no longer required to contribute to the appeals process. They will still have to pick up 25% of the bill of sending the notices, however. Rights holders will pay the remaining 75%.

BT and TalkTalk consider appealing this verdict, said a TalkTalk spokesperson to The Guardian. “We are reviewing this long and complex judgment and considering our options, which may include an appeal to the court of appeal, or a request that the court of appeal make a reference to European court of justice.”

Source: The Guardian