Judicial Review of the Digital Economy Act

BT & Talk Talk, the two largest UK internet Service Providers (ISP) went to court towards the end of 2010 and the beginning of 2011 to obtain a judicial review of the Digital Economy Act, a law passed in the dying days of the last Labour Government. This law is designed to place duties on internet service providers to act on the instruction and on behalf of copyright holders and to authorise Web site blocking. On the 20th April, Mr. Justice Parker delivered his judgement.

This article is a personal summary of that ruling. The judgement is awfully hard to read and understand. I have an economics degree and nine years of Civil Service training! Actual quotes should be obvious, other representations are in my words, not those of the judgement. In some places I have got lost in the text of the judgement and while my summary is much shorter than the original, it remains pretty long. The impatient or easily satisfied can skip straight to the summary. …