BT and TalkTalk join forces vs the Digital Economy Act

 BT and TalkTalk announced early this morning they have filed papers with the High Court in the hope of securing a judicial review on the rushed Digital Economy Act, passed just before the General Election earlier this year.

Both believe the Act, aimed at preventing online copyright infringement, "received insufficient scrutiny" as they were rushed into law via Parliament's end-of-term clearing process, dubbed 'the wash-up'. Many MPs apparently agree, on both sides of the floor, especially when the Act covered rulings of a very serious nature, such as fundamental human rights.

As well as procedure, in a joint statement BT and TalkTalk said, "the measures proposed to try to prevent online copyright infringement could harm citizens as well as impact both businesses... [we] are seeking clarity from the Court before [we] and others are asked to implement the Act."

There are serious concern the Act may not be compatible with EU rules designed to ensure national laws are proportionate, protect user privacy, restrict ISP policing of the net and maintain a single market. In short, why would they invest millions implementing systems, only to find them thrown out by the EU later down the line as they don't meet EU standards?

Broadband Genie editor Chris Marling said: "We applaud BT and TalkTalk for standing up for UK consumers against an ill conceived Act, seemingly rubber stamped by UK music and film industry suits and very few others. Our only surprise is the other UK ISPs affected haven't added their weight to the call for a judicial review.

"We in no way support or seek to legitimise internet piracy and illegal P2P file sharing, but punishments must be seen to be proportionate and ensure the right individuals are targeted, while also preserving our basic UK standard of innocent until proven guilty.

"Also, the serious illegal P2P community is too clever and too fast to be caught by these ill conceived measures. Technology will be forced onto the next level, with the real criminals hiding themselves better to avoid detection. Ask anyone who understands the workings of illegal file-sharing if this will catch anyone of note - the answer will be 'no'."

BT Retail CEO Gavin Patterson commented: “It’s disappointing that we feel the need to take action but we feel we have no choice. We have to do this for our customers who otherwise run the risk of being treated unfairly.

“Our dispute is not with the current Government but with the previous administration which pushed this through without due process. We need clarity about whether this legislation is compatible with important EU laws.”

Talk Talk chairman Charles Dunstone added: “The Digital Economy Act's measures will cost the UK hundreds of millions and many people believe they are unfair, unwarranted and won't work. So it’s no surprise that in Nick Clegg’s call for laws to repeal, this Act is top of the public’s ‘wish list’.

"Innocent broadband customers will suffer and citizens will have their privacy invaded. We think the previous Government's rushed approach resulted in flawed legislation. That’s why we need a Judicial Review by the High Court as quickly as possible before lots of money is spent on implementation.”