The proposal forms part of an interim report, Digital Britain.
The proposed legislation stops short of forcing ISPs to directly
disconnect suspected file-sharers.
"Our response to the consultation on peer-to-peer file sharing
sets out our intention to legislate, requiring ISPs to notify
alleged infringers of rights (subject to reasonable levels of proof
from rights- holders) that their conduct is unlawful," said the
report. "We also intend to require ISPs to collect anonymised
information on serious repeat infringers (derived from their
notification activities), to be made available to rights-holders
together with personal details on receipt of a court order."
The Government said that it would soon begin consultation on the
proposed new law.
"[The new law] should provide a good evidence base, to make it
significantly easier for rights-holders to take targeted legal
action against the most significant infringers," said the report.
"International experience of action of this sort suggests that more
than two thirds of infringers change their behaviour when receiving
notification."
The law will create a code on unlawful file-sharing which ISPs
would have to sign, and whose enforcement would be carried out by
media and telecoms regulator Ofcom.
The Government will also create a new rights agency, which would
gather together content creators in different disciplines and
encourage them to find ways to prevent piracy and ways to make the
legal use of their content more attractive. It would involve
creators from the worlds of music, film, television, computer games
and software, the report said.
"We think the concept of a new Rights Agency and legislative
action aimed specifically at addressing unlawful peer-to-peer
file-sharing could be major steps forward," said the report. "But
this is new and difficult territory, and we want to get it right.
So we will review the impact of any new measures, and will not
hesitate to examine other options if these do not prove to be
effective."
The report was a wide-ranging look at the state of the UK's
technical infrastructure, telecoms connectivity, literacy and
content industries as they relate to digital products and
services.
The report said that the Digital Britain group will look into
whether public subsidies should be used to help extend
next-generation broadband networks, and it said that the Government
was committed to ensuring that broadband penetration reached the
whole of the UK by 2012.
The report also said that it would look into whether a second
body should be created to make public service radio and television
in competition with the BBC. The basis of the body would be the
assets of Channel 4. "It would be a body with public service at its
heart, but one which is able to develop flexible and innovative
partnerships with the wider private and public sector," said the
report.
Ofcom last week proposed that Channel 4 be given an increased
obligation to fulfil its public service remit by producing more
news and current affairs programmes.
Disclaimer: We hope you find OUT-LAW’s content useful. It’s prepared by the lawyers at Pinsent Masons. Please remember, though, that it’s intended as general information only. It’s not legal advice. If that’s what you’re seeking, please
contact us. See also: our
full disclaimer
