Digital Economy Act challenge fails in the High Court

ISPs challenged Digital Economy Act

Updated 20.04.11

A legal challenge to the Digital Economy Act (see original story below) has failed to get the controversial legislation overturned.

According to the BBC, the judicial review – requested by BT and TalkTalk – rejected claims that Parliament had overstepped its powers with its anti-piracy measures.

Today's ruling was welcomed by copyright holders who said that it would help reduce illegal filesharing.

Published 23.03.11

The BBC is this morning reporting that parts of the Digital Economy Act that deal with illegal filesharing are being challenged in the High Court.

Internet service providers (ISPs) BT and TalkTalk demanded the judicial review, arguing that legislation was rushed through Parliament without proper debate.

They claim that the measures impact on users' privacy and force ISPs to police copy infringment on the internet.

If the court finds in their favour, the Act would no longer be enforceable.

"It is a big deal to be judicially reviewing primary legislation but we took advice and there were very clearly were some real problems," says Simon Milner, BT's head of industry policy.

"It might find that it is all fine – I'd be surprised if it was – but we are going to court to get legal clarity," he adds.

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Andy Clough

Andy is Global Brand Director of What Hi-Fi? and has been a technology journalist for 30 years. During that time he has covered everything from VHS and Betamax, MiniDisc and DCC to CDi, Laserdisc and 3D TV, and any number of other formats that have come and gone. He loves nothing better than a good old format war. Andy edited several hi-fi and home cinema magazines before relaunching in 2008 and helping turn it into the global success it is today. When not listening to music or watching TV, he spends far too much of his time reading about cars he can't afford to buy.