Plans to cut off file-sharers "could breach human rights"

 

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By Barry Collins

Posted on 8 Feb 2010 at 09:19

The Government's proposals to cut-off illegal file-sharers could breach internet user's human rights, according to committee of MPs and Lords.

The Joint Committee on Human Rights has been examining the terms of the Digital Economy Bill that is currently passing through Parliament. It has grave concerns over the Government's plans to impose "technical measures" on those identified as illegal file-sharers, claiming the legislation lacks detail.

"We do not believe that such a skeletal approach to powers which engage human rights is appropriate," the Human Rights committee reports. "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."

There is potential for these powers to be applied in a disproportionate manner which could lead to a breach of internet users’ rights

The Committee is equally concerned about the scant detail afforded to the appeals process for people who are accused of file-sharing. "There is little detail about the right to appeal in the case of copyright infringement reports or decisions about the inclusion of certain individuals’ information on copyright infringement lists," the Committee's report claims.

"We consider that statutory provision for a right to appeal to an independent body against inclusion on any infringement list would be a human rights enhancing measure."

The Government's plans to impose technical measures on file-sharers have met with strong opposition in the House of Lords. In an exclusive interview with PC Pro, cross-bench peer Lord Erroll claimed that: "there are 7.2 million people file-sharing, according to industry figures. If only one in ten have their broadband connection throttled back, that’s still an awful lot of people. I personally think that throttling connections and suspension should be removed from the bill." Several peers have also attacked the plans in the House.

Controversial clause

The controversial clause 17 - which gives Ministers the power to amend the Copyright, Designs and Patents Act 1988 without passing primary legislation - has also been attacked by the Human Rights committee. The Government has tabled a series of amendments to curb the powers of clause 17, but that wasn't enough to satisfy the politicians.

"We are concerned that Clause 17 remains overly broad and that parliamentary scrutiny may remain inadequate," the committee reports. "We call for a series of clarifications to address these concerns."