Overview

In a nutshell, the Digital Economy Act 2010 addresses a range of areas within the digital and communications industry, a sector which accounts for around 8% of GDP. This article by Burges Salmon looks at the Act’s controversial provisions.

The Act was rushed through and, critics argue, it became law without adequate debate and proper Parliamentary scrutiny. Whilst it aims to solve online piracy and to bolster the UK's creative sector, it has been criticised for going too far to satisfy the demands of the copyright lobby. In particular, it has attracted controversy for introducing a range of powerful technical sanctions; avoiding the issue of orphan works (which were dropped during the wash-up procedure); and for being so broad that it has potentially wide ranging implications not only for businesses but also for individuals. Recent new efforts to repeal certain sections of the Act have also failed to gain momentum. An Early Day Motion (EDM) has been put forward by a Liberal Democrat MP calling for the repeal of certain sections relating to online copyright infringement. EDMs rarely get a full debate in Parliament so are used to publicise an opinion or criticism, but this motion has been signed by less than 5% of MPs and it seems will go no further.

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