Could the three strikes law breach Human Rights?

There’s another spanner in the works for the Digital Economy Bill as a group of MPs and peers have warned it could potentially breach the rights of internet users.

The Joint Select Committee on Human Rights has asked for finer details on the Digital Economy Bill after finding there to be an unsatisfactory level of detail for the technical measures intended to be used to combat persistent pirates.

The group also expressed concern the Bill could create “over-broad powers”. Speaking on the Bill, Andrew Dismore MP and chair of the Committee commented: “The internet is constantly creating new challenges for policy-makers but that cannot justify ill-defined or sweeping legislative responses, especially when there is the possibility of restricting freedom of expression or the privacy of individual users.”

In its defence, a spokesperson for the Department for Business, Innovation and Skills (BIS), which oversees the Digital Economy Bill, said the government had “always been clear that [its] proposals to deal with unlawful file-sharing should not contravene human rights”.

The most controversial aspect of the Digital Economy Bill is the government’s proposal to implement a “three strikes” system, cutting off the broadband connections of those suspected of illegally downloading copyright material. The Committee said it had concerns over the “technical measures” put forward in the Bill and how they would be applied.

In response a spokesperson for the Department for Business, Innovation and Skills (BIS) explained “slowing down or suspending peoples’ broadband would only be invoked following several clear warnings.” He added: “There will be no technical measures imposed at all if the initial measures taken are as successful as we expect.”

The Digital Economy Bill is currently under review by the House of Lords.

Last week, the Bill hit another hiccup as Siôn Simon, the MP in charge of leading the Bill through parliament, announced he is to step down from his role.