Talktalk and BT refused leave to appeal DEA judicial review ruling

Update 16.30: BT and Talktalk are not giving up their legal challenge to the DEA. In a statement this afteroon the two internet service providers released a statement saying: ""We still believe that the Digital Economy Act measures aimed at preventing online copyright infringement are inconsistent with European law.

"Following the decision of Lord Justice Buxton earlier this week we have asked the Court of Appeal for an oral hearing of our application for permission to appeal."

BT and Talktalk have been refused permission to appeal against the judgement handed down against them in a judicial review over the Digital Economy Act (DEA).

In the high court on Monday, Judge Sir Richard Buxton refused the application filed by the two internet service providers (ISPs). This judgement ends the companies' bid in the English courts to overturn controversial clauses in the Digital Economy Act that could force them to disconnect alleged illegal filesharers.

Their remaining option would be to take the case to the European Court of Justice.

In a joint statement sent out by BT, the ISPs said: "Having received the decision from the Court of Appeal, we are now considering our position."

Talktalk, normally so bullish with its comments about the DEA said it had nothing else to add at the moment.

The ISPs wanted to have legal clarification on clauses concerning dealing with alleged illegal filesharers that they believed are flawed, did not comply with the EU technical standards directive and were incompatible with privacy and ecommerce directives.

When Judge Kenneth Parker ruled there was no case to answer in April, BT said: "This was always about seeking clarity on certain points of law and we have to consider whether this judgment achieves these aims. We are disappointed with the outcome of the judicial review.

"We are reviewing this long and complex judgement... and we will consider our options once we have fully understood the implications for our customers and businesses."

And according to digital rights campaigner James Frith earlier this month, the Government is already moving towards pushing forward the timetable for implementation of the DEA.

It will notify the European Commission of what costs ISPs will be expected to bear and how the notification and appeals process will work before the summer recess. This was confirmed to us by a spokesman for the Department of Culture, Media and Sport.