Mandelson risks falling foul of EU law
TalkTalk rips apart government piracy plans
/v3-uk/news/1950731/talktalk-rips-apart-government-piracy-plans
11 Nov 2009, Dave Neal , V3
ISP TalkTalk has said that new EU telecoms regulations will make it impossible for media creators to push for suspected illegal filesharers and downloaders to be disconnected, without first proving guilt through an impartial legal process.
TalkTalk disputes business secretary Lord Mandelson's claims that it will be simple to remove filesharers and downloaders from the internet after nothing more than a couple of strongly worded warnings. In a statement the firm said that new EU rules on electronic communications would prevent this.
The EU has said that any measures taken against users must be done so with " due respect for the principle of presumption of innocence and the right to privacy... A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned". Lawyers working for TalkTalk believe this to be a blow against the government's plans.
Scott Fairbairn, a specialist in telecoms and intellectual property law at CMS Cameron McKenna, said, “The recently agreed wording in the draft EU Telecoms Package is clear. Rights holders cannot act as judge and jury in these matters. They cannot simply instruct ISPs to disconnect their customers or restrict their internet connections. In no way can that be considered to be a ‘fair and impartial’ procedure as article 1(3)a of the new Framework Directive demands.
“At the very least there would need to be some kind of independent and impartial tribunal to consider the merits of each case. If such an essential safeguard is not part of the UK measures then BIS would be in contravention of the new European law.”
Andrew Heaney, director of strategy and regulation at TalkTalk, which is running a campaign against the government plans, and has started a petition against them, added that nobody should be disconnected unless “it is established whether they broke the law through an impartial legal process starting with a presumption of innocence".
"The accuser has to prove guilt and if guilt is established then any penalty must be tailored to fit the individual circumstances," he added.
"Although the new rules are not yet UK law, we call on the government to respect the spirit of what is intended and to drop its draconian plans to disconnect users without a proper judicial process.”
© Incisive Media Investments Limited 2010, Published by Incisive Financial Publishing Limited, Haymarket House, 28-29 Haymarket, London SW1Y 4RX, are companies registered in England and Wales with company registration numbers 04252091 & 04252093
Do you agree?
TALK TALK
what effect would this have on contract with isp???? does this mean i am no longer bound by contarctual obligations ???has nobody looked at the implications of paying for a service you can not get are the Government going to reimburse the ISPs
Posted by Shadowuser, 12 Nov 2009
Big Brother
Well done TalkTalk the Government does not have the total right to interfere with the freedom of the Internet nor the individual without right and proper cause. We are not pawns nor a republic. Freedom is and has always been the right of all British Citizens.
Posted by Roy Grant, 13 Nov 2009
I think I hear the sound of one hand clapping
As usual our politicians hear but one voice. The voice of the powerful. Have they asked the "pirates"? Many users download througght sheer curiosity, seeking novelty and wondering what new software will do. Mr Mandelson would not buy a home (? expenses?) without looking around itwould he? So why do people have to buy before they try to find out they have wasted their money. Viva Le Shareware!
Posted by P.Raper, 15 Nov 2009
Fair punishment
Recently at the cinema I saw that the fines for copying films were in the region of ?250,000 and/or 5 years in prison. I;ve seen people doing less jai time for murder. Let's get some perspective on the punishment for file sharing, It's up to the rights holders to protect their product,
Posted by Jim Owens, 15 Nov 2009
don't do what I do do as I say
Members of parliament missues exspenses, Flip,Drive while on mobile, and all this is ok. But get caught downloading dear dear.
Posted by Jack, 20 Nov 2009
Bring it on
Mandelson is trying to secure his job after labour loses this election - he will succeed.
Pirates want a quick inexpensive flexible way to access information. As it happens it is copyrighted, very easy to share and evolution of internet has made it even easier. They will succeed. There is always another 3 ways.
They want to disconnect me - bring it on. Ill take the government to court for infringing my human rights - starting with the right to a fair trial.
Record companies are trying to resist the sweeping changes of internet and the lower profit margins it brings. They just want to drag somebody down with them in their ignorance. No its not right to pirate information - yes you[record companies] are welcome to join us in 21st century.
Posted by Rob, 20 Nov 2009