ISPs launch copyright law appeal

BT and TalkTalk have gone to the Court of Appeal in the latest challenge over Government moves to tackle online copyright infringement - particularly in music, films and books.

The pair are two of the UK's largest internet service providers (ISPs) and are attempting to overturn a ruling in favour of controversial measures to curb illegal internet file sharing.

They say the measures will invade privacy, result in disproportionate costs for ISPs and consumers, and are not compatible with EU law.

BT and TalkTalk have challenged the
Governments attempt to tackle
online infringement

High Court judge Mr Justice Kenneth Parker rejected the challenge in April last year, declaring the proposals under the Digital Economy Act 2010 a proportionate parliamentary response to the serious economic problem of peer-to-peer file sharing, and the likely costs were justified.

He upheld submissions made by lawyers for the Department for Culture, Media and Sport (DCMS) that there were sufficient safeguards to protect the rights of consumers and ISPs .

The judge's decision was welcomed by supporters of the new laws, including employers and unions in the creative industries, who say copyright infringement is taking place on "a massive scale", costing millions and threatening livelihoods.

But BT and TalkTalk have now asked the appeal court to rule that the High Court had "erred in law", and the contested provisions were incompatible with a number of EU directives related to "electronic commerce".

BT and TalkTalk are submitting to the court that provision is also being made for the possible future introduction of certain "technical obligations" aimed at suspending, curtailing or limiting a subscriber's internet access.

A DCMS spokesperson said: "We are confident the High Court's original verdict will be upheld."

The hearing before Lady Justice Arden, sitting with Lord Justice Richards and Lord Justice Patten, is expected to last two days.

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