Nisha Baveja

The Digital Economy Bill, published last month, is (in the Queen’s own words) being introduced “to ensure communications infrastructure that is fit for the digital age, supports future economic growth, delivers competitive communications and enhances public service broadcasting”.

There has been a mixed reaction towards the Bill, which focuses on the elements of the digital economy broadly being the creative industries, digital communications and public service broadcasting. Some argue that the provisions in the Bill will help people make the most of the digital economy, whereas others are of the opinion that some of the provisions are too restrictive, and even possibly contrary to Human Rights and other existing technology legislation.

So what exactly is the fuss about and who is right? Below is a summary of the main elements of the Bill so you can decide for yourself.

Tackling copyright infringement online

There are two parts to this, the first being making legal action more effective and educating consumers as to what is protected by copyright and what constitutes infringement, and the second by introducing technical measures, such as the right to disconnect users from their internet accounts where they were infringing.

The second part is that which is causing most concern. Whilst it is likely that disconnection will only be an option to pursue if all other options (including writing to the possible infringer and warning them of the infringement, reminding them again) have been exhausted, there are no precise processes by which an Internet user will be disconnected in the Bill, and no sign of strong appeal mechanisms or tests of evidence. This means that even innocent users whose wireless broadband has been hijacked might be at risk of being disconnected.

If an ISP fails to hand details of the possible infringer to the rights holder, the ISP could face a fine of £250,000. Further fines include a maximum of £50,000 for those who download copyright protected works for commercial gain.

Domain names

Currently .uk domain names and disputes arising are dealt with by Nominet. Under the new proposals, the government may intervene and appoint anyone to take over the affairs of Nominet if appropriate (there has been mention of internal conflict amongst those at Nominet) meaning that there could be a move away from the existing self-regulation of .uk domains.

Mobile and wireless broadband

The plan here is to modernise the spectrum to allow investment into next generation technology.

Digital radio

The upgrade of all FM radios to DAB by 2015, although there is speculation as to whether this date will be met.

Video games

Games for users 12 years and up will need to have age classifications, the purpose being to prevent young children getting hold of violent games.

There are also other less far-reaching measures set out in the Bill, but by far the most controversial appears to be that relating to the control of online copyright infringement. Of course, this might only be because the broadband tax mentioned in the Digital Britain Report (50p per month for households with a land-line telephone) will be dealt with in the Finance Bill due after the 2010 budget!

All that is left to say now is watch this space to see how the Bill progresses.

About the author

Nisha Baveja is a solicitor at Briffa, an award winning firm of lawyers based in London, specialising in the business and law concerning a wide variety of industry sectors and in particular those who value their intangible assets – their intellectual property – in the business of design, technology, entertainment, software development, publishing and Internet.