Digital Economy Bill outlines file-sharing penalties

The Digital Economy Bill published today makes it clear that people who ignore warnings to stop downloading copyrighted material unlawfully will face tough sanctions.

Copyright holders who suspect someone of making illegal downloads can report their suspicions to the relevant internet service provider (ISPs), which must then notify the alleged infringer.

The ISP must keep this data so it can provide an infringement list showing the copyright holder how many times a user has been notified about alleged copyright infringement.

Although the copyright holder has no personal details about an alleged infringer at this point, it can then apply to the court for the user’s name and address. This would allow civil proceedings to be launched against the person accused of illegal downloads.

However, the offence remains a civil one according to Stephen Timms, the Treasury Secretary and depends on the level of illegal downloading.

The Bill's proposals mean notification letters will be used as the first warning shots. However, if people are deemed to have ignored these, copyright holders can apply to have ‘technical measures’ used against the infringer.

These measures could include capping people’s download limits and bandwidth. The last resort would be suspension of the accused person’s internet account.

There was no mention of financial penalties except for people who illegally downloaded copyrighted material for gain. They could face fines of up to £50,000.

The ISP Talk Talk has said if a person's account was suspended they might still have to pay their bill.

ISPA, the internet industry trade body criticised the Bill and expressed concern that it could penalise the success of the Internet industry and undermine the backbone of the digital economy.

Nicholas Lansman ISPA secretary general said, "ISPA is extremely disappointed by aspects of the proposals to address illicit file sharing. This legislation is being fast-tracked by the Government and will do little to address the underlying problem."

Jeremy Hunt Shadow Culture Secretary also said the Bill hadn’t been thought through properly.

"With the Government living on borrowed time, this Bill feels like a rushed job designed to plug a few gaps rather than a vision for our economic future. It kicks so many decisions into the long grass that we've ended up with a dithering economy bill," he said.