BT and Talktalk win legal review of Digital Economy Act

Judge gives ISPs their day in court to speak out against controversial legislation

BT and Talktalk have won their initial legal challenge to the copyright protection penalties put in place by the Digital Economy Act (DEA).

The two internet service providers have been granted a judicial review of the Digital Economy Act by judge Wynn Williams. He has granted BT and Talktalk a hearing, which is expected to be held sometime in February next year.

This means that the new coalition government may have to consider amending parts of the Act so that it is compliant with European Union laws.

BT said in a statement: “We are pleased that the Court has recognised that our concerns about the copyright infringement provisions in the Digital Economy Act should be considered in a full hearing.

“It is important for everyone involved - copyright owners, ISPs, broadband subscribers including consumers and businesses, and institutions like libraries and universities – to have certainty on the law before proceeding."

The two ISPs filed legal papers with the High Court in July. Both companies said that in their opinion, the sanctions the Act lays out to combat illegal downloading are flawed.

Talktalk spoke out against the DEA a long time ago and threatened to sue the Government if forced to implement the copyright sanctions contained in the Act. When it was rushed through the ‘wash up’ stage before the General Election, the ISP said the Act had received insufficient scrutiny.

Andrew Heaney, Talktalk’s executive director of strategy & regulation warned that the way the Act stands at the moment would mean innocent people being "falsely accused of file sharing and put on an ‘offenders register’ though they have broken no law” and also be “forced to pay for the privilege”.

The two ISPs then said they would seek “clarity from the High Court” before they, and others, were asked to implement the Act.

Jim Killock, executive director of the Open Rights Group, which ran a campaign against the Act said: "We are extremely glad that judges will be taking a look at the Digital Economy Act, which we believe breaches people’s rights to freedom of expression and privacy.

“The Act is a mess and badly needs repealing. Judicial Review may give the Government the chance to drop this heavy-handed approach to copyright enforcement."

The Open Rights Group's campaign resulted in nearly 40,000 emails being sent to MPs and candidates demanding repeal of the Act.