Title: The Digital Economy Act 2010 - a cause for celebration, or a cause for concern
Abstract: Outside of legislation pertaining to security and counter-terrorism in the United Kingdom, such as the Terrorism Act 20001 and the Regulation of Investigatory Powers Act 2000,2 one of the more controversial Parliamentary Acts passed during the term of the Labour Government is that of the Digital Economy Act of 2010.3 Indeed, few Acts have caused as much controversy and outrage, particularly amongst internet-based communities and activist groups. Organisations such as the Open Rights Group, which states its goal as being the preservation and promotion of rights and civil liberties in the digital age, have denounced the Act as undemocratic. One such example comes in an article written by the Open Rights Group shortly after the Digital Economy Bill (a draft of the passed legislation) was announced, emotively titled “Digital Economy Bill: Dangerous and Draconian Just Got Dictatorial”.4 The article described the proposed legislation as being arbitrary, disproportional and a threat to online rights. Another writer stated that:
“The British government has brought down its long-awaited Digital Economy Bill, and it's perfectly useless and terrible. It consists almost entirely of penalties for people who do things which upset the entertainment industry.”5
The same author wrote of the passed Act that it was an attack on privacy, on democracy and on transparency.6 In contrast, during the drafting and development of the Bill, representatives from the entertainment industry wrote of the Bill in glowing terms: “the Act's measures to reduce illegal downloading will spur on investment in new music and innovation in legal business models”,7 stated the head of the British Phonographic Industry (BPI).
Yet why is this newly passed Act so divisive? Why is there little consensus on the aims and effects of the Act, even in the Parliament which assented to the Bill passing into law? In order to better understand these difficulties, it is necessary not only to look at the content of the Act, but also its development and the manner in which it was enacted. This article shall consider in depth the copyright infringement related sections of the Act, and their origins, in order to determine the effectiveness and legitimacy of this controversial piece of legislation.
Publication Year: 2010
Publication Date: 2010-01-01
Language: en
Type: article
Access and Citation
Cited By Count: 4
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