Legislation progresses on cost-sharing set out in the Digital Economy Act
The government have set out secondary legislation (a statutory instrument to introduce law that has been made possible, in this case, by the Digital Economy Act) to tackle online copyright infringement which will see the cost-sharing parts of the Digital Economy Act be debated by both Houses of Parliament.
"The Digital Economy Act sets out to protect our creative economy from online copyright infringement, which industry estimates costs them £400m a year.
We are introducing a system of mass notification to warn people about the unlawfulness of copyright infringement, explain the harm it does and point them toward legitimate content.
These measures are expected to benefit industry by around £200m a year and as rights holders will be the main beneficiaries, we believe our decision on costs is fair to everyone."Ed Vaizey, Communications Minister
The law proposes that costs for sending out notifications and for the appeals process should be split on a 75:25 ratio between rights holders and Internet service providers respectively. This was originally set out back in September and received a rather frosty welcome from service providers. With this progressing toward a debate in the houses, it's likely that ISPs will be whispering in a few ears to ensure that MP's understand their point of view on this issue.
There will hopefully be scope for a proper debate on this, following how the previous Labour government pushed the Digital Economy Act through parliament at the last minute in the 'wash-up'. It is worth remembering that TalkTalk and BT have been granted a Judicial Review by the High Court of the Digital Economy Act after they raised four key points that they felt the DEA was incompatible with existing or EU laws. This could lead to a shake up of the DEA, although it is unlikely that the whole thing would be redacted.