Government given green light for Digital Economy Act after BT and Talk Talk lose appeal 19/03/2012

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Posted in:Corporate and Commercial|March 19, 2012 | Join the mailing list

After many months of challenging last year’s judicial review of the Government’s anti-piracy legislation, BT and Talk Talk now need to decide whether they are going to continue the fight after losing their appeal at the Court of Appeal.

This has brought an end to almost two years of legal challenges against the legislation, where the Court of Appeal have ruled that the Digital Economy Act is legal and compatible with European law.

This legislation requires all internet service providers (ISP’s) to send out warning letters to alleged illegal file downloaders and even cut users off if necessary. The legislation has also introduced the requirement that all ISP’s will have to pay the

1. 25% of the qualifying costs incurred by Ofcom in setting up and running an appeal body to deal with alleged illicit filesharers; and

2. 25% of the operating fees of finding out who are the illegal downloaders.

The Court of Appeal Judges did rule that the ISP’s should not be responsible for contributing 25% of the case fees charged by the appeals body, which was a previous high court ruling.

As would be expected, there have been comments made on both sides of the argument but it is not yet clear the real effects this legislation will have on the creative industry and copyright infringement.

To discuss how we can provide further advice in connection with these issues, please contact Keith Kennedy, a Partner in our Corporate Team, by email to or alternatively you can call Keith on 0161 833 9211.

The information and opinions contained in this article are not intended to be comprehensive or to provide legal advice. No responsibility for this article’s (or the above link’s) accuracy or correctness is assumed by Berg or any
of its partners or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of the contents of this article.

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