BT and TalkTalk have won a judicial review of the Digital Economy Act that paved the way for content owners to police online piracy via ISPs – the so-called ‘3 strikes’ solution.
BT and TalkTalk, two of the UK’s biggest ISPs, mounted their legal challenge to the Digital Economy Act in July, warning that it could infringe their users’ “basic rights and freedoms” and was given “insufficient scrutiny” in Parliament (the Act was rushed through immediately prior to the General Election.
The review was granted on three out of four of their grounds of appeal; both providers will be granted a review of the act at the high court to clarify whether it conflicts with existing EU legislation.
TalkTalk said the act “was rushed through ” and “has very serious flaws”. BT added: “It is important for everyone involved – copyright owners, consumers, ISPs and institutions like libraries and universities – to have certainty on the law before proceeding.”