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This article was published on April 20, 2011

    UK’s controversial Digital Economy Act a step closer as court rejects ISP complaints

    UK’s controversial Digital Economy Act a step closer as court rejects ISP complaints
    Martin Bryant
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    Martin Bryant

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    Martin Bryant is founder of Big Revolution, where he helps tech companies refine their proposition and positioning, and develops high-qualit Martin Bryant is founder of Big Revolution, where he helps tech companies refine their proposition and positioning, and develops high-quality, compelling content for them. He previously served in several roles at TNW, including Editor-in-Chief. He left the company in April 2016 for pastures new.

    The Digital Economy Act, a controversial piece of UK legislation passed last year that, among other things, takes a hard line on unauthorised filesharing, was nudged a little closer to taking effect today after complaints from leading ISPs were thrown out by a High Court judge.

    ISPs BT and Talk Talk, unhappy that the burden of policing a ‘blacklist’ of suspected filesharers was being placed on their shoulders, had been granted a judicial review of the Bill after suggesting that it was unlawful under EU law.

    However, Justice Kenneth Parker ruled against four of the points raised in their arguments that the Act contravened European law. The judge did back the ISPs on one ground, requiring an adjustment to the draft Statutory Instrument on costs.

    UK music industry body the BPI is unsurprisingly happy with the ruling and urges BT and TalkTalk to now work with the government and rightsholders to implement the DEA.

    The news means that the law is now cleared for being enacted. For more on what that means, read our primer on the subject.