Wednesday 20 April 2011

DEA Judicial Review (largely) fails

Hot off the press is the news that BT and TalkTalk's judicial review application has been rejected on the four main grounds. Apparently, the only claim that was upheld was a small technical point relating to whether ISPs can be made to share certain of Ofcom's general costs in administering its obligations under the Act. As can be expected, rightsholders and the government were happy.

According to the FT, a spokesperson for the Department for Culture, Media and Sport said: “We are pleased that the court has recognised these measures as both lawful and proportionate. The government remains committed to tackling online piracy and so will set out the next steps for implementation of the Digital Economy Act shortly.”

Meanwhile, in a press release, Geoff Taylor of the BPI said “This judgment gives the green light for action to tackle illegal downloading in the UK. It confirms that the DEA is proportionate and consistent with European law. Shareholders and customers of BT and TalkTalk might ask why so much time and money has been spent challenging an act of parliament to help reduce the illegal traffic on their networks. It is now time for BT and TalkTalk to work constructively with government and with rights holders to implement the Digital Economy Act.”

It is now down to the Government and Ofcom to move the implementation process forwards.

1 comment:

Francis Davey said...

Apropos BPI's comment "shareholders and customers....". BT and TalkTalk have avoided one expenditure stream. Depending on how expensive the scheme turns out to be to administer at Ofcom, and depending on how long it goes on for, this may be a cost-effective outcome for them.

Even better for other ISP's who didn't join in the claim of course.