BT and TalkTalk have won permission to appeal against a High Court ruling that had backed the provisions of the government’s Digital Economy Act which expects ISPs to police piracy.
The Digital Economy Act had been the subject of ongoing legal challenges since it was rushed through Parliament just before the general election. Under the Act ISPs would be compelled to send out warning letters, at the behest of rights holders such as film and record companies, warning about illegal downloading.
The act also allows for sanctions, known as “technical measures”, which could include disconnection. But details of the technical measures and the circumstances under which they could be imposed are not explicitly laid out in the law.
BT and Talk Talk had secured a judicial review, only to have most of their objections dismissed. The only aspect of the companies’ complaint to be upheld involved who covered the cost of checking rights holders’ claims and sending out enforcement letters.