TalkTalk and BT launch challenge to Digital Economy Act

31 October 2011

BT and TalkTalk want a judicial review of the Digital Economy Act, saying the controversial new law could infringe "basic rights and freedoms," reports the BBC

The act - which proposes to disconnect persistent illegal filesharers from the internet - was passed into law in the April wash-up period before parliament was dissolved

Both BT and TalkTalk are understood to want the high court to clarify whether the act conflicts with existing EU regulation. Ofcom has said plans to disconnect people from the internet would not come into force until next year

Concerns over "basic rights and freedoms" to access the web are made worse by the manner in which the act was passed into law, BT and TalkTalk say

The act was "rushed through" parliament with "insufficient scrutiny", claim the internet service providers. After two hours of debate in the House of Commons, the bill was given royal assent - the vote in the government's favour by 189 votes to 47. Want more information regarding house name?

Nick Clegg, leader of the Liberal Democrats, said at the time: "We did our best to prevent the digital economy bill being rushed through at the last moment. It badly needed more debate and amendment."

"This is exactly what we and 20,000 supporters warned their MPs," said Jim Killock, executive director of the Open Rights Group. "The Act was rushed through and is already working extremely badly. It threatens basic rights and large chunks need to be repealed."

At present, the act applies to ISPs with more than 400,000 customers - putting larger companies at a commercial disadvantage, says TalkTalk