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.
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