Today, in conjunction with BT, we’ve filed papers with the High Court asking for a judicial review of the Digital Economy Act.
We’ve asked the High Court to look at whether the Act was passed into law without going through the correct parliamentary procedures.
As many of you will know, the Act was rushed through Parliament in the ‘wash up’ period after the General Election was called in early April. It’s our belief that this haste meant the Digital Economy Bill, as it then was, became law without being properly scrutinised and without its impact being properly assessed.
In addition to having these procedural concerns, we believe the measures proposed to try to prevent illegal filesharing could harm the basic rights and freedoms of citizens.
In particular, we are concerned that obligations imposed by the Act may not be compatible with important European rules that are designed to ensure that national laws protect users’ privacy, restrict the role of ISPs in policing the internet and maintain a single market.
As a result, we’re seeking clarity from the Court before we and other industry players are asked to implement the Act. We want to avoid a situation where we invest tens of millions of pounds in new systems and processes only to find that the Act is unenforceable and the money wasted.
We led a campaign against the Digital Economy Bill when it was going through Parliament because we felt it was unfair and, worse, unworkable. It’s fair to say we weren’t alone in our opposition.
So it came as no surprise to us that this Act was high up on the public’s ‘wish list’ for laws to repeal on the Your Freedom site launched by Nick Clegg.
In our view the previous Government’s rushed approach resulted in flawed legislation. Innocent broadband customers will suffer and citizens will have their privacy invaded by this Act.
That’s why we need a Judicial Review by the High Court as quickly as possible before lots of money is spent on implementation.
If you would like to, you can read the detailed Statement of Facts and Grounds upon which the judicial review is based.
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Josh Stone
It’s welcoming to see someone actually standing up and fighting against what is a ridiculous act; I have just cancelled my subscription with SkyBroadBand (they seem to give me no advice as to what their view is on this), and I have placed an order with TalkTalk.
Alan
like all bill rushed through parlment this one is a stitchup by the few who know it all and know nothing that is why we have a long drawnout prosess so stupid bills cannot get through without been scrutinised down to the last letter this bill is a absolute mess and needs to be revoked asap
alwyn jenkins
this person who thought this stupid law up should be denied the basic technology and should be told in no certain terms to get lost and dont try to get into the goverment ever again in fact he/she should be delcared as mentaly ill and sent to an hospital dealing with mental illnesses
Morpheus 2010
Hooray for common sense and standing up to bureaucratic stupidity. Forcing the Digital Economy Bill through without proper scrutiny to how it will be enforced in practice or how users privacy would be compromised by this piece of bad legislation is to be resisted.
Lets just hope the Judiciary agree
Tom Callaghan
The closure of FM Broadcasting is a mistake which if pursued and enacted in parliament is a case of “act in haste and repent at leisure”
Why do we need digital broadcasts replacing analogue broadcasts?
Surely the two can work together and listeners or viewers take their choice.
The cost to licence fee payers in replacing existing receivers far outweighs having both systems.
Again we see the customer (Licence payer, another form of poll tax)being disregarded in another government regulated organisation.
This policy is wrong and if pursued by the authority should be challenged by all who pay a licence fee refusing to pay the fee (poll tax)if they receive an unsatisfactory reception.
Keep Fighting!!
Joro
I think Charles Dunstone is showing how fair he is, he is showing that he thinks and care’s about talktalk customers.
The problem will be sorted,at some stage,but you do not just dive in.Things need to be thought about,and understood.Which is just what MR Dunstone, is doing.He is taking upon himself the lead. Three cheer’s for Charles Dunstone.
John
Nick Clegg’s “ Your Freedom” site is just a con I don’t believe that he or any other member of the government will take any notice of our opinions.
Lionel James Simister MBE
To assist internet users in deciding to support or oppose the Digital Economy Act, it would be very useful if Talk Talk could produce a resume of the Act highlighting in particular those sections with which you disagree. (I assume that you do not really expect all internet subscribers to plough through the legal jargon of the Act itself, especially as it refers, I think, to sections of other legislation).
Your article above gives the impression that your main concern is with parliamentary procedure, rather than the content of the Act.
Margaret Shaw
I agree it was a rushed job & needs to be looked at again by a higher authority as we want to use the internet safely
Joe Blackwood
It is of paramount importance that a person’s data privacy is recognised and protected from unwanted intrusion either from indiviuals or government scrutiny.
Otherwise I feel current users of ISPs will seriously consider abandoning the system or look for other alternatives.
However the bill will need to take into account unlawful use / advertising of a delicate/obscene nature on the Web and through ISPs in general,which I believe works at present ?
Allen Codlin
why do they need to do this, all signals lost in my area, so cant watch the racing in the car while the wifes shopping, who wants a dab .somthing else wont work in the carif it comes in, can we not have both, more expence if we need them . who is getting the backhander for this joke
Tony Whitmarsh
About time someone stood up and challanged this!
WELL DONE.
Tony B.
The chances of this nasty, vindictive, little piece of legislation, along with any other, of being repealed are fairly slim, as historically, governments are notoriously reluctant to repeal laws even those passed by their arch-enemies (polically speaking). Presumably this might give the people the idea that they could actually influence legislation!….Some hopes!.
Ed
All I would hope is Talktalk help their customers who get wrongly accused… of filesharing.
Bob Jackson
Lets create another crime and then complain the jails are full.
We are over regulated and should say NO!!
Brian Kendal
This legislation was rushed through at enormous speed just to make the public think that the new coalition government was getting on with things.
Like almost all other rushed or knee-jerk reaction legislation, such as the firearms and dangerous dogs acts it is badly framed, and probably riddled with loopholes.
For the sake of everyone who is on line, this legislation requires full examination, and if parliament will not do so, then a high court judge should.
Norman Ives
Governments always want to control everything aided and abeted by lawyers and big business (for there own self interest, money). They’ll tell you they are doing it for your own good. GIVE ME A BREAK. Their tools are the media which they use to install fear into the public highlighting all the negatives they can. So please don’t be fooled the internet is great communacation highway at the click of a mouse. If that frightens you, well that’s sad…..With all the laws we already have in the world does it really make for a great quality of life?
Bryan McAlister
Not well thought out, screws up Wifi potential opportunities when travelling.
Jean M.
We the user already have lots of tools regarding our privacy online + for using the internet so a new law guarding our use should not be needed in this rushed format. If we the users can’t be bothered to protect our privacy that is our fault. Having said this there is a massive danger from the employees of internet companies to not being so honest etc. and I’d rather the employers be dealt with very harshly for not enforcing the security needed their end. So yes get this law dumped and protect our freedom of exchange of information please?
STEPHEN MCEWAN
I/WE IN THIS COUNTRY ARE FED UP OF BEING WHITE WASHED BY ANY THING THAT THE GOVERNMENT OF THE DAY WANTS TO PASS BY HOOK OR CROOK.
BUT IF THEY COME UNDER SCRUTINY FOR ANYTHING YOU CAN BE SURE IT WILL ALL BE HUSH HUSHED AWAY.
GOOD LUCK AND WELL DONE KEEP UP THE GOOD FIGHT.
WE NEED PEOPLE LIKE YOU TO SPEAK FOR THE INJUSTICES THAT ARE GOING ON IN THIS COUNTRY.
STEPHE
g longworth
george l
i agree that this bill was rushed through and that it will be unfair on isp’s but also that i think that we the users will end up footing the bill for this
mufpot
I find it strange that certain companies can get bills pushed through to protect their own intrests.Who rips who off you buy a DVD at full price 2-3 months later it’s half price by the end of the year it’s in the bargan bucket in Tesco’s if it already hasn’t been on the TV. If I down load a film thats 60+years old thats been on the TV God knows how meany times who gets the royalties?
This is on a par with the speed cameras
lawrence brown
is it not all about money. the unused wavelengths can
be sold off as happened to amateur radio users?
Elizabeth Green
Good see talktalk standing up for there customers.
Will this not cause a rise in people having there wifi hacked? As it states if illegal downloading is coming from your specific internet connection then you are the one held responsible regardless of whom it is that’s downloaded.
It’s a joke.
Mr Fit IT
I believe we should all be allowed to share files of music/videos. We all buy DVDS and CDs and overtime misplace or they get damaged and unplayable so why should the government stop us from sharing files lets face it Ipods and mp3 players only store the music for us intil be delete the file and add a new track from a cd we buy Radio pays for the usage of music and TV pays for the showing of Videos
We all are forced to Pay TV licences
even if we dont own a TV but a pc instead we didnt ask for the BBC to stream TV over the net its just another way of forcing People to pay pay and pay again
john davidson
JULIET DELTA
IS IT NOT POSSIBLE THAT YOU(TALKTALK) CAN DRAFT A LETTER OF COMPLAINT WHICH WE THE PUBLIC CAN SIGN,OR DOWNLOAD AND FOREWARD TO THE GOVERNMENT,STATING OUR DISGUST AT THEIR ATTEMPT TO ONCE AGAIN ATTACK OUR CIVIL LIBERTIES.
Phil Kerry
In a free and democratic society citizens have freedom of speech and freedom of choice , well done Mr Dunstone for taking the evil denizens of Whitehall to task.