Judges must see evidence of illegal file sharing

The European Commission has said accusations of illegal file sharing will have to be seen by a judge before a person’s internet connection is cut off.

The comments from Viviane Reding Information Commissioner for Information Society and Media have added to the debate about the exact requirements of lawful disconnection.

"I would like to stress the need for any possible legislative initiative to comply with the agreement reflected in the Telecoms Reform Package," she said in a speech in Barcelona.

John MacKenzie, a technology law specialist with Pinsent Masons law firm warned that having a judge involved will not necessarily guarantee a court hearing.

“When someone is having their electricity supply cut off, a warrant is granted by a magistrate following the presenting of certain evidence.

"The procedure to freeze assets includes a warrant being seen by a judge but that does not mean you have a full-blown trial,” he said.

Some EU countries, including the UK, are introducing laws that would force internet service providers (ISPs) to terminate the connections used by people suspected of engaging in copyright-infringing music and video file sharing.

The European Parliament previously insisted on court oversight in the controversial amendment 138/46.

But it had to tone down its demands after its own legal service advised that demand was out with the Parliament's rights over member states.

The UK intends to allow cut-off subscribers to appeal to a body set up by Ofcom. If a subscriber appeals, the disconnection will not happen until after the appeal.