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Journal of Intellectual Property, Information Technology and E-Commerce Law (JIPITEC)

The Digital Economy Act in the dock - a proportionate ruling?

by Monica Horten

Abstract: The UK's Digital Economy Act 2010 contains measures to enforce copyright on the Internet, specifically
a two-tiered form of a graduated response. The Act was challenged in the High Court by two of
the UK's biggest Internet Service Providers (ISP), who obtained a Judicial Review of the copyright enforcement
provisions. This paper is an overview of the case, based on the hearing of March 2011 and the
ensuing judgement. It focuses on the two most hotly contested grounds for the challenge, namely an alleged
failure to notify the European Commission under the Technical Standards Directive, and the proportionality
or otherwise of the contested provisions. It observes how the judgement accepted the defence
argumentation of the government and the copyright owners as interested parties, and how the ISPs appeared
to be put on the back foot.

JIPITEC is an open access journal. The full article is available here.

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About Iptegrity

Iptegrity.com is the website of Dr Monica Horten. I am an  independent policy advisor: online safety, technology and human rights. In April 2024, I was appointed as an independent expert on the Council of Europe Committee of Experts on online safety and empowerment of content creators and users. I am a published author, and post-doctoral scholar. I hold a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing. I cover the UK and EU. I'm a former tech journalist, and an experienced panelist and Chair. My media credits include the BBC, iNews, Times, Guardian and Politico.

Iptegrity.com is made available free of charge for non-commercial use. Please link back and attribute Dr Monica Horten.  Contact me to use any of my content for commercial purposes.