Court to decide on pleas of BT and TalkTalk regarding ‘Digital Economy Act’

It may be recalled that established broadband service providers of the UK namely ‘BT Retail’ and ‘TalkTalk’ have not been granted a Judicial Review of the Digital Economy Act (DEA). But the service providers did not keep quiet. As expected, they have approached the Court. If the DEA passes through, the practice of the users in illegally downloading and uploading substances through the net will be put an end to. As per the provisions of the act, the ISPs have to send warning letters on behalf of the film and record companies to the illegal downloaders. The act allows certain measures including disconnection. In April 2011, Justice Parker had rejected the points raised by the two service providers, which include: 1 Complying with Technical Standards Directive, which is, taking the concurrence of EU courts before arriving at a decision 2. Fulfillment of e-commerce instructions 3. Complying with privacy directives 4. Determination whether the responsibilities are proportionate etc. However in October the service providers were granted an opportunity to appeal with respect to the abovementioned points. The current hearing of the court will be closely watched by all including ‘Broadbandwatcher’ as it will determine whether Judicial Review of the DEA can be proceeded with or not. Both BT and TalkTalk will feel a sigh of relief if the court directs to have Judicial Review. It means that the decision of the government to send warning letters to the culprits may have to be temporarily suspended.