Plans to cut off file-sharers 'could breach human rights'
submitted by markodonoghue on 10 February 2010
The Government's idea 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 concerns over the Government's plans to impose "technical measures" on illegal file-sharers.
"We do not believe that such a skeletal approach to powers which engage human rights is appropriate," the Human Rights committee said. "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."
The Committee is concerned about the 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."
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."
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."
Submitted by:
Mark O'Donoghue
Associated Links:
http://www.pcpro.co.uk/news/broadband/355357/plans-to-cut-off-file-sharers-could-breach-human-rights
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