Digital Economy Act 2010 and website blocking [Archived]

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Digital Economy Act 2010 and website blocking [Archived]
  • The DEA 2010 and copyright infringement
  • Procedure for reporting infringements to ISPs
  • Draft Initial Obligations Code—2012
  • Government preference for an industry-led model instead of practical implementation of the DEA 2010
  • Anti-infringement measures and costs
  • Judicial review and appeal—BT and TalkTalk
  • Website blocking
  • Section 17 and website blocking injunctions
  • The future of the DEA 2010

Digital Economy Act 2010 and website blocking [Archived]

ARCHIVED: This archived Practice Note provides information on the Digital Economy Act 2010 and early s 97A website blocking. This Practice Note is for background information only and is not maintained. For information on website blocking, see Practice Note: Website blocking orders.

The Digital Economy Act 2010 (DEA 2010) received Royal Assent on 8 April 2010, with many of the applicable provisions relating to combatting online copyright infringement in order to reduce unlawful file sharing, supposed to come into force on that date or in June 2010. The DEA 2010 inserts new sections 124A to 124N in the Communications Act 2003 (CA 2003) which, once a supporting code approved or made by Ofcom has been put in place, impose obligations on Internet service providers (ISPs) who meet the criteria set out in the code. The obligations will be underpinned by a code approved by Ofcom or, if no industry code is approved, made by Ofcom. The code will set out in detail how the obligations must be met.

The DEA 2010 has received much criticism, especially in relation to the onerous obligations it intends to impose on ISPs to combat online piracy. These have been the subject of judicial review by BT and TalkTalk up to Court of Appeal level on the grounds that the DEA 2010 is not

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