The Digital Economy Act explained

Before the election, one of the most controversial bills going through Parliament was the Digital Economy Bill, which contained several new and amended laws in the area of technology.

When the election was called the bill went through the ‘wash-up’ process, which meant it was passed quickly, without much of the debate that normally goes into the passing of bills in Parliament. The Queen signed it into law on April 12 and it went into force on June 12 as the Digital Economy Act 2010.

So what can we expect from the new act?

Copyright
The main controversy surrounding the bill, as it was, concerned copyright. Illegal sharing of copyright files including music, video, software and ebooks is considered to be rife across the internet. The act requires internet service providers (ISPs) to work with copyright holders to tackle this problem, and if necessary to take “technical measures” against people who are sharing or downloading copyright material.

Copyright holders (companies that own the copyright to works that are being shared) will be able to report a suspected copyright infringer to the suspect’s ISP. The ISP then has to notify its customers. Companies can also request a list, from the ISP, of people who are believed to have shared copyright files.

The part many people objected to concerns what happens if the above measures fail to have an effect, in which case ISPs can be ordered to limit the behaviour of customers who are illegally sharing files, including cutting them off if necessary.

The original bill contained a clause allowing the government to censor websites considered to be infringing copyright, but this clause was dropped before the bill became law.

Games and video
Before the new act, the age regulation system for computer games was unclear. Most age classifications were set by the Pan European Game Information (Pegi) organisation, but some games were also submitted to the British Board of Film Classification (BBFC) that primarily checks films and TV programmes.

Under the old law, games that contained criminal behaviour, gross acts of violence, horrific behaviour or incidents, or sexual activity had to be submitted to the BBFC as well. Under the Digital Economy Act, all games will now be classified solely by Pegi.

If a game is rated as suitable for 12-year-olds and above, it will be illegal for a shop to sell it to someone below that age or for someone to buy it for someone under that age.

The Entertainment and Leisure Software Publishers Association (Elspa) said the change “will ensure games ratings stay relevant and adapt to the changing nature of video games for many years to come. Retailers will now have clear, legal backing to help them prevent access to unsuitable content by children.”