New Measures Announced To Protect The UK's Digital Economy

Internet users will be encouraged to download music and films through legal channels under new measures outlined by Ofcom.

Ofcom has published a draft code for consultation that would require large internet service providers (ISPs) to inform customers of allegations that their internet connection has been used to infringe copyright.

The code, which Ofcom is required to publish under the Digital Economy Act 2010,1 includes measures to help inform the public and promote lawful access to digital content such as music and films.

When notifying customers of reported infringements, ISPs must explain the steps subscribers can take to protect their networks from being used to infringe copyright and tell them where they can go to find licensed content on the internet.

Copyright owners are expected to invest in awareness campaigns to help educate consumers about the impact of copyright infringement and further to develop attractive online services to offer their content. Ofcom will report regularly to the Government on the effectiveness of both the code and these broader initiatives from copyright owners.

Claudio Pollack, Ofcom’s Consumer Group Director, said: “These measures are designed to foster investment and innovation in the UK’s creative industries, while ensuring internet users are treated fairly and given help to access lawful content.

“Ofcom will oversee a fair appeals process, and also ensure that rights holders’ investigations under the code are rigorous and transparent.”

How the code will work

The code will initially cover ISPs with more than 400,000 broadband-enabled fixed lines – currently BT, Everything Everywhere, O2, Sky, TalkTalk Group and Virgin Media. Together these providers account for more than 93% of the retail broadband market in the UK.

The draft code requires ISPs to send letters to customers, at least a month apart, informing them when their account is connected to reports of suspected online copyright infringement.

If a customer receives three letters or more within a 12-month period, anonymous information may be provided on request to copyright owners showing them which infringement reports are linked to that customer’s account. The copyright owner may then seek a court order requiring the ISP to reveal the identity of the customer, with a view to taking legal action for infringement under the Copyright Designs and Patent Act 1988.

Copyright owners can already seek such court orders under existing law, but the Code is designed to enable them to focus legal action on the most persistent alleged infringers.

(GK)