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.
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.