BT and Talktalk given last chance in UK courts to fight Digital Economy Act

BT and Talktalk's seemingly doomed battle to overturn certain clauses in the Digital Economy Act (DEA) has been given a last minute reprieve.

Lord Justice Lewison has granted the two internet service providers (ISPs) leave to appeal, overturning the decision handed down by Judge Sir Richard Buxton in the High Court in June.

Effectively Judge Buxton's decision had ended 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. But it was clear that the ISPs were not going down without a further fight.

At the time BT and Talktalk issued 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."

Lord Justice Lewison has decided that the ISPs' concerns about the legislation clashing with current law, for example the EU directives on ecommerce, privacy, technical standards and communications may have merit.

A date for an appeal hearing has not yet been set but will be be heard by three judges, one of whom must have experience with EU law.

In a statement BT said: "We are pleased to have been granted permission to appeal the high court judgment. We now expect that the hearing will take place as soon as possible."

The Court of Appeal's decision was also welcomed by Consumer Focus. Mike O'Connor, the consumer watchdog's chief executive said: "The Court' s decision to give permission to an appeal is welcome and we look forward to the next stage of the process.

"The Digital Economy Act has not had enough scrutiny even though it has major implications for consumers, businesses, libraries and wi-fi providers. Our concern is that Digital Economy Act takes a hard-line enforcement approach and could lead to entire households being disconnected from the internet based on accusations by copyright owners.

"Copyright infringement is a problem but we need more innovation and competition to encourage consumers to use legal online music and film services.

"In the light of the ongoing judicial process, Government should reconsider whether implementation of the Act is the best way to tackle online copyright infringement."

The two ISPs were first granted a judicial appeal in November last year, which was heard in April this year. Mr Justice Kenneth Parker, who presided over the judicial review only found for the ISPs on one count, and the subsequent leave to appeal his decision denied in the High Court in June.

 

 

 

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