Digital Economy Act judicial review rejected

The High Court has rejected BT and TalkTalk’s request for a judicial review of the Digital Economy Act 2010 which imposed obligations on internet service providers (ISPs) in order to reduce online copyright infringement. The Act obliged ISPs to notify subscribers if their IP addresses were reported for copyright infringement and to provide copyright owners with lists of subscribers where these reports exceeded a certain threshold. The court rejected the claimants’ arguments that the requirements were incompatible with data protection legislation, incompatible with exemptions for ISPs or disproportionate. One ground of challenge to the draft Order was accepted. The sharing of the costs to be split 75:25 between copyright owners and ISPs was found to breach the Authorisation Directive.

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