Talktalk and BT take the Digital Economy Act to court for review

The judicial review into clauses in the Digital Economy Act (DEA) granted to Talktalk and BT begins in the High Court today.

Both internet service providers (ISPs) believe the act wasn't given sufficient scrutiny when it was pushed through during the wash-up phase of the last Government.

They will argue that the copyright infringement clauses are procedurally flawed and infringe European Law on both privacy and human rights.

The two ISPs filed legal papers with the High Court in July and were granted the right for the judicial hearing by judge Wynn Williams in November last year.

Both ISPs said they wanted "clarity from the High Court" before they, and others, were asked to implement the act.

At the time the executive director of the Open Rights Group, Jim Killock, said: "The act is a mess and badly needs repealing. Judicial Review may give the Government the chance to drop this heavy-handed approach to copyright enforcement."

Over the next three days, Mr Justice Kenneth Parker will hear the evidence and arguments from the ISPs and the defence of the DEA from the Department of Business, Innovation and Skills.

ISPA, the UK internet service providers' trade body said: "Ispa welcomes the fact that BT and Talktalk are seeking to achieve greater clarity on the online copyright infringement measures of the Digital Economy Act through this week's Judicial Review.

"ISPA has long maintained that the Act did not receive sufficient scrutiny by Parliament and parts were hastily constructed. There is a real need for all sides potentially affected by the legislation to have greater certainty on its impact and clarify whether it complies with existing European legislation."

Computeractive will attend court for the hearing on Thursday or Friday.