The British government’s planned crackdown on unlawful online filesharing has been attacked by privacy campaigners and internet service providers but welcomed by executives and artists in the music business.
Earlier on Friday, the government published the digital economy Bill, the result of more than a year’s consultation and debate, which includes plans to send warnings letters to persistent unlawful file-sharers and paves the way for persistent illegal sharers to have their broadband cut off from 2011.
John Petter, managing director of BT’s consumer business, attacked the plans, despite protestations from the government minister with responsibility for the Bill, Treasury secretary Stephen Timms. Timms said that the UK’s major ISPs “are pretty supportive of where we have now reached” and claimed BT specifically “is comfortable with what we are proposing”.
Petter said that while abuse of copyright was wrong, “we have real concerns about the government’s plans and the lack of legal protections for accused individuals”.
“We believe that technical measures are not the way forward and that a system of court fines for repeat infringers is preferable. Such an approach would not only protect innocent people, it could also create a fund that could be used to support the UK’s creative industries,” he said.
Jim Killock, executive director of the Open Rights Group, warned that “people’s rights are at stake”.
“The Bill doesn’t require any test of evidence before harsh punishments are imposed on people accused of copyright infringement, and opens the door to a ratcheting up of unwarranted powers without democratic scrutiny,” he said. “There is a massive swell of action against this Bill, led by creators, citizens and people working in digital industries, who are outraged by this attempt to hijack our rights.”
Privacy campaigners are particularly incensed at parts of the Bill which will give Lord Mandelson, the business secretary, the power to change copyright law to combat future online breaches, apparently with little scrutiny.
Paddy Gardiner, media partner at international law firm Eversheds, said it is questionable whether the bill will make it onto the statute book because of “an already congested legislative timetable before the next election”.
“However, Lord Mandleson’s latest attack on filesharers appears to sidestep this obstacle by seeking to amend the Copyright Act via the backdoor of secondary legislation, thus largely avoiding parliamentary scrutiny,” Gardiner added.
“Although the thrust of the proposals may be broadly welcomed by rights holders, the plans seem hurriedly put together and not clearly thought-through,” he said.
“The proposed powers can be divested to “any person specified”, rather than specifically Ofcom, and could have far-reaching and unforeseen effects. In fact, in its enthusiasm to outlaw filesharers, the government may be setting the stage for bigger battles over digital content between powerful rights-holders such as Newscorp and content aggregators such as Google.”
Some critics have already suggested that the wide definition of online copyright within the Bill could leave the door open for Rupert Murdoch’s News Corporation to use the new legislation to prevent sites such as Google News from linking to his online content.
But music and film companies warmly welcomed the digital economy Bill. Christine Payne, general secretary of Equity and chairperson of the Creative Coalition Campaign, said: “The government is doing the right thing by introducing legal measures aimed at tackling widespread online infringement of creative copyright, such as by peer-to-peer filesharing or other technologies that may emerge in the future.”
“Our creative sector provides 1,8-million jobs in the UK and produces world-class content, enjoyed by millions around the world, but simply put, this cannot be sustained and more jobs will be lost if illegal filesharing persists.”
Chris Marcich, president and managing director of the Motion Picture Association for Europe, the Middle East and Africa, added that Mandelson’s decision to include powers in the bill to further change copyright law in future, were to be welcomed as “safeguards built in that will ensure the effectiveness of the legislation in the long-term”.
“In the film industry, we fully support the vision the Bill sets out of a viable and thriving online market for digital content and we look forward to playing our role in its development,” Marcich said.
Geoff Taylor, chief executive of the BPI, which represents the UK’s recorded music business, described it as “an important milestone towards a sustainable future for British music in the digital age”.
“While the focus has been on measures to tackle illegal peer-to-peer, it is significant that the government has recognised the need for a mechanism to deal with other forms of illegal downloading,” Taylor said.
Feargal Sharkey, chief executive of UK Music, the umbrella organisation that represents artists, musicians, songwriters, managers and publishers, added that “the clear purpose of this bill is to move everyone forward”.
“Our focus is not to disconnect, but to reconnect. To reaffirm and recognise the value of creative works, both to individuals and to the UK economy. However, for this market to evolve and flourish there must be breathing space to allow all sides to adapt,” Sharkey said.
“Government intervention can provide that impetus. In this wider context, our industry continues to develop and partner with emerging digital services. ISPs and tech companies must work with us, and it is imperative that we reach out together to genuine fans of music.”
Artists also added their voices in welcoming the bill. “At long last, the government, led by Peter Mandelson, is looking to legislate to protect the industry,” said James Blunt. “He’s looking to engage the ISPs, who in my opinion handle stolen goods, and should take much more responsibility.” – guardian.co.uk