Online Infringement Provisions of Digital Economy Act 2010 Upheld on Judicial Review: R. (on the application of British Telecom and TalkTalk Telecom Group) v Secretary of State for Business, Innovation and Skills

摘要

On an application for judicial review of the Digital Economy Act 2010 (DEA) brought by BT and TalkTalk, the High Court has held that the DEA s provisions on online infringement, which oblige ISPs to assist in identifying copyright infringers, are compatible with EU law. However, the requirement for ISPs to share 25 per cent of the costs of administering the scheme under the DEA was rejected by the review. The publication of the Initial Obligations Code, held back pending the judicial review, should now go ahead.