Online copyright infringers face up to 10 years in jail

Government plans to increase penalty from two years to 10 years to deter copyright infringement

Online copyright infringers could face up to 10 years in jail if caught, under plans being considered by the government.

The move would mean that people accused of uploading copyrighted films, TV shows and music online for people to download would face far longer in jail than they currently do. At the moment, the maximum penalty is two years' imprisonment.

Ministers have released a document detailing the proposed changes to penalties for online copyright infringement, which would affect sections 107(2A) and 198(1A) of the Copyright, Designs and Patents Act 1988.

The government has been looking to bring online copyright infringement in line with physical copyright infringement for a number of years. In the 2005 Gowers Review, it was recommended that the penalty should be increased from two to 10 years because "the intention and impact of physical and online infringement are the same".

However, despite the government consultation, it did not change its policy of only imprisoning serious and/or dangerous offenders. Instead, it increased the statutory maximum fine from £5,000 to £50,000. Since then, the maximum fine has been made unlimited.

The report, ‘Penalty Fair?', released in March 2015 suggested that the vast majority of online copyright offenders have links to further criminality and that they look to make money out of their illicit activities online through advertising or subscription fees.

The government said that it expects that increasing the maximum sentences available, would "have a deterrent effect on criminals seeking to make money in this way".

The government is seeking evidence from individuals and organisations on whether the maximum custodial sentence available for online and offline copyright infringement of equal seriousness should be harmonised to 10 years. Deadline for submission is 17 August 2015.