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Government piracy plans dealt another blow

by Rosalie Marshall

05 Feb 2010

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Parliament
The Digital Economy Bill has faced opposition owing to its human rights implications

A parliamentary committee established to protect human rights has raised concerns about the government's controversial plans to tackle illegal downloading.

The Digital Economy Bill was put forward in November last year to update regulations for the communications sector and to clampdown on illegal file-sharing.

The Bill endorsed the proposals of business secretary Lord Mandelson to cut off illegal downloaders from the internet after a number of offences. Under the terms of the proposed legislation, ISPs will be forced to send customers a series of notifications before they restrict access.

However, the Bill has received complaints from ISPs about the costs involved, and from human rights campaigners who argue that it neglects an individual's right to a fair trial.

The European Union ruled that individuals can only be cut off from the internet after a " fair and impartial" process, but the UK government has argued that it is abiding by these rules with the ISP notification procedure.

The Joint Committee on Human Rights has now called on the government to provide further explanation of why it considers the proposals to be proportionate.

"We do not believe that such a skeletal approach to powers which engage human rights is appropriate," said the committee in a report issued today.

"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."

Jim Killock, director of the Open Rights Group, said that the Lords had highlighted some of the serious problems with the Bill.

"We urge the front benches to take a hard look at this and guarantee rights to a fair trial and proportionate punishment. Disconnection is draconian and unpredictably damaging. That is not how the law should work," he added.

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