Human Rights problems for Digital Economy

More trouble for the Digital Economy Bill after an influential group of MPs and peers warned that the government's approach to illegal file-sharing could breach the rights of internet users.

The Joint Select Committee on Human Rights said the government's Digital Economy Bill needs clarification as it could create "over-broad powers" while technical measures are not "sufficiently specified". One of the most controversial elements of the proposals is the so-called "three strikes rule" that would give regulator Ofcom new powers to disconnect or slow down the connections of persistent pirates.

"The internet is constantly creating new challenges for policy-makers but that cannot justify ill-defined or sweeping legislative responses, especially when there is the possibility of restricting freedom of expression or the privacy of individual users," said Andrew Dismore MP and chair of the Committee. "The concern we have with this Bill is that it lacks detail. It has been difficult, even in the narrow area we have focussed on, to get a clear picture of the scope and impact of the provisions."

There has also been opposition from the likes of the University of London, British Library and the Imperial War Museum. In an open letter, they said: "Because public institutions often provide internet access to hundreds or thousands of individual users, the complexity of our position in relation to copyright infringements must be taken into consideration. If this is not done, a public institution such as a library, school or university's internet connection as a whole could be jeopardised, resulting in loss of internet access to large sections of the public, particularly the 15 million citizens without an internet connection at home."

The Lords' Joint Committee on Human Rights (JCHR) has also warned that "at the moment the Bill defines a process of appeals with no presumption of innocence" and that "[this] process will be applied irrespective of the sanction or evidence...We do not believe that such a skeletal approach to powers which engage human rights is appropriate. There is potential for these powers to be applied in a disproportionate manner which could lead to a breach of internet users' rights to respect for correspondence and freedom of expression."

The digital economy bill, which is being sponsored by Lord Mandelson through the Department for Business, Innovation and Skills, is a broad-ranging bill covering digital spectrum, greater powers for Ofcom, legislation over copyright infringement via the net, and the enabling of better access nationwide to faster internet connections.