Ofcom has revealed plans to enforce copyright infringement law -- including a £20 charge to appeal if you're accused. While Ofcom insists the investigation process is "rigorous and transparent", critics of the legislation have branded the appeals process "a joke".
Ofcom's draft code compels Internet service providers to contact customers suspected of dodgy downloading, and highlight legal ways to get movies, music, software, ebooks and other copyrighted content. Should you be contacted and you feel you've done nothing wrong, you can appeal against allegations of copyright infringement. Which costs £20.
The process is outlined in Ofcom's draft code for enforcing the Digital Economy Act. You know the Digital Economy Act, the half-formed legislation that was rushed through Parliament as the last government stumbled out of the door. The one that nobody turned up to vote on? Yeah, that one.
Broadband providers are expected to write to customers suspected of infringing copyright by uploading or downloading movies, music or other works. Should a customer be accused three times or more in a year, copyright holders are informed and can then request a court order to get a user's full details. They can then throw the book at them.
Should you be falsely accused of copyright infringement, you have 20 days to appeal -- and of course scrape together twenty quid. Forget innocent until proven guilty, this is guilty until you cough up some dosh.
"Ofcom are being asked to put lipstick on a pig with this code," said digital crusaders the Open Rights Group. "The appeals are a joke. The Government has decided that 'I didn't do it' is not a defence.
"Some people will almost certainly end up in court having done nothing wrong."
What do you think of Ofcom's proposals? How do you think the problem of copyright infringement can be solved? Tell me your thoughts in the comments or on our Facebook page.
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Choccie Milk 26 June, 2012 18:54
Except for the £20 charge to appeal it all seems reasonable to me. I mean you get two warnings so it's not as if people are suddenly going to end up in court without having plenty of chance to stop illegally downloading. Ultimately this is the way the government will actually be able to make progress against piracy rather than blocking sites like pirate bay.
anonymous 26 June, 2012 19:13
Absolute bogus. So if I get accused and I've done nothing wrong, I have to pay to appeal? What rubbish. If they really wanted to help copyright infringement then making it free to appeal would be better. I don't see why I would have to pay to disprove accusations against me, especially if they're the ones looking into my internet usage. So what happens if I don't appeal? I'll go to court and they'll do what? Find me innocent and send me home. Just another excuse to make money and look into what we're doing on the internet in my honest opinion. This whole new internet censoring and limiting craze is ridiculous, when will they learn that the internet is universal and that there always ways around things, not all rules apply everywhere and different countries have different laws concerning internet usage and privacy.
anonymous 26 June, 2012 20:34
So really if someone hacked your network and downloaded copyrighted content you'd be the one getting screwed. :D
Peter Hudson 26 June, 2012 20:39
But choccie milk. They aren't saying that you have to be proven to be doing it three times. They're saying that you have to be suspected of doing it three times. And I doubt that the service providers are going to be able to competently tell if you're doing or not.
People will end up Getting letters suggesting that they are illegally downloading content when they are doing nothing wrong. It's already happening.
Choccie Milk 26 June, 2012 21:41
@Peter Hudson
You make good points. I'm just very anti-piracy and like to imagine what would happen in an ideal world where mistakes aren't made. I do think it's exaggerated how much chance there is of it appearing that you downloaded something when you didn't. However you have to make sure that it's heavily regulated so your not going to get big film companies threatening people very heavy handedly and threatening with bailiffs .ect without definitive proof.
anonymous 27 June, 2012 07:38
It is better than in Germany, some German publisher accused me of downloading AND uploading a movie.
I received a letter directly from the publisher's lawyers.
They had my IP, full name, address, everything was handed over by the ISP to the publisher just because the publisher said it was true.
Being asked to settle for 800Euro, and sign a very incriminating letter.
A little investigation found that it was a common thing in Germany, for ISPs not to care and just hand things over. (It makes innocent until proven guilty far more funny than paying £20 to appeal).
I had to then hire a lawyer for 200Euro to sort this out.
Mat Greenfield 27 June, 2012 08:28
Ok, can we please start putting people who actually knows how this stuff works in positions of authority?
damien2501 27 June, 2012 08:30
Can I accuse ofcom of ripping people off and get £20 for doing it.
anonymous 27 June, 2012 11:10
Just a quick note: you will receive your £20 back if found not guilty!
pablouk1 27 June, 2012 13:42
Fine......Everyone in England needs to report Ofcom as a Pirate, that will cost them about £1.2B to say they are not.