Lords could repeal the Digital Economy Act

The Digital Economy Act has not been popular with the industry or consumers

The House of Lords has requested power to conduct post-legislative reviews, and if granted, has cited the Digital Economy Act as one it would consider.

Earlier this week, Baroness Royall of Blaisdon said: "The recent Digital Economy Act 2010 should, in due course, be subject to post-legislative scrutiny. " This was in response to a motion from Lord Strathclyde that proposed a review of the working practices of the House of Lords.

The Digital Economy Act was rushed through the wash-up period shortly before the general election, receiving scant scrutiny in the Commons.

The legislation will require ISPs to monitor their customers, and punish or even disconnect illegal file sharers.

In addition, BT and TalkTalk, two of the UK's largest ISPs, this month requested a judicial review of the act.

"It's disappointing that we feel the need to take action, but we have no choice. We have to do this for our customers who otherwise run the risk of being treated unfairly," BT Retail chief executive Gavin Patterson said in a joint statement.

The companies suggest that the act introduces requirements upon them which may not be compatible with European rules that aim to ensure that national laws are proportionate, protect users’ privacy, restrict the role of ISPs in policing the internet and maintain a single market.