Ofcom publishes draft anti-piracy proposals

People caught illegally downloading copyright material three times in a year will be added to copyright infringers lists under proposals set out by Ofcom.

In its draft code of practice (CoP) designed to curb copyright infringement, the regulator said the details on the list will be made anonymous; containing a ‘unique identifier’ known only to the person’s internet service provider (ISP).

However a rights holder can ask the courts to force an ISP to disclose the alleged infringer’s personal details.

A coalition of leading consumer groups including Consumer Focus and Ofcom’s Communications Consumer Panel warned that rights holders must present strong evidence of a person’s guilt.

“Rights holders should have to provide cogent evidence of wrongdoing to the ISP before beginning the notification process, and this should be provided to the alleged infringer on notification,” they said.

Ofcom has said it will introduce an “independent, robust” appeals procedure for consumers who believe they have received incorrect notifications.

However Jim Killock executive director of the Open Rights Group said: "This is another extremely rushed process, forced by the Digital Economy Act's absurd timetables.

"There are huge unanswered questions, not least whether innocent people will have to pay to appeal.”

This draft code brings the prospect of a ‘three-strikes’ internet disconne ction measure only a few months away from becoming a reality.

Under the Digital Economy Act, the law that includes this anti-piracy policy, Ofcom had to draw up a draft code.

This CoP has to be implemented no later than eight months from April; when the legislation was given Royal Assent.

It sets out in detail how rights holders must approach an ISP and what information they have to give about alleged infringements. ISPs must then send notifications to their subscribers who have been accused of copyright infringement.

Only ISPs with 400,000 or more customers will have to abide by the CoP which means smaller and medium-sized providers will be exempt.

However, Ofcom warned that if it was presented with evidence that infringement was a significant issue on smaller ISPs, then it would consider bringing them within the scope of the Code.

One of the most controversial elements of the Act, giving the Secretary of State new powers to cut off people's internet access if they ignore warnings, appears to have run out of steam, however.

In the draft code, Ofcom said: “The Secretary of State has not indicated his intention to make use of these provisions at this time and this consultation is not concerned with this aspect of the Digital Economy Act."

The closing date for response to the draft proposals is 30 July.