Record companies are upset that The Digital Economy Act, designed to help combat piracy, has yet to be implemented despite becoming law in 2010.
In a move seen as an attempt to resurrect the Digital Economy Act 2010, the BPI will meet with David Cameron on 12 September to ask for help forcing the country’s major Internet Service Providers like BT, Virgin, and Sky to sign up to a scheme that would ultimately create a database of illegal downloaders and to implement a ‘three strikes’ policy that could ultimately lead to a number of actions/sanctions could then be taken; users finding their connection throttled, further site blocking implemented, internet disconnection and “ultimately prosecution”.
The meeting comes after Ofcom put off implmenting the most draconian of measures after an unsuccessful (in part) challegenge to the legality of the Digital Economy Act. The Act came after a long road of labourious lobbying my rights-owners. In 2009 the Department of Business, Innovation, and Skills (DBIS) published a paper entitled Digital Britain: Interim Report that proposed to enact legislation requiring Internet Service Providers (ISPs) to notify alleged infringers of copyright as to the illegality of their conduct.
Furthermore, it recommended that ISPs collect ‘anonymised’ information on serious repeat infringers which could be made available upon production of a court order. This was followed by a series of proposals by the DBIS with the ostensible purpose of moving the UK to the “forefront of the global move towards a digital economy”.
The resulting Digital Economy Act (DEA) was passed by the last Parliament during the ‘wash-up’ period with minimal scrutiny from the Houses of Parliament and received royal assent on 8th April 2010.
Strictly speaking, ss3-15 of the Digital Economy Act amends the Communications Act 2003 to add new sections 124A to 124M, while Section 16 amends the CA by adding definitions to Sections 124N.
Contrary to popular opinion at the time, the DEA did not contain ‘Henry VIII’ powers giving the Secretary of State power to modify substantive copyright law; but the Secretary may make regulations about “blocking injunctions in respect of a location on the internet”. The explanatory notes of the DEB state that these provisions “impose obligations on Internet Service Providers.”
As stakeholders were unable to reach a consensus to an industry code, Ofcom drafted an ‘initial obligations’ regime for ISPs. The resulting ‘code’ requires ISPs to receive and process Copyright Infringement Reports (CIR) prepared by copyright owners.