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Remember the Digital Economy Act? I thought you might. Sadly, the beast lives, and is slowly squirming its way to the sunlight. As part of its complicated birth process, Ofcom is conducting a consultation:
We are consulting on how Ofcom proposes to give effect to measures introduced in the Digital Economy Act 2010 ("DEA") aimed at reducing online copyright infringement. Specifically, we are seeking views on a code of practice called "the Online Copyright Infringement Initial Obligations Code".
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The DEA gave Ofcom duties to draw up and enforce a code of practice ("the Code"). The DEA is very clear on how Ofcom should implement many elements of the measures, but where there is discretion the interests of citizens and consumers are central to Ofcom's approach. We propose a system of quality assurance reporting to ensure that where allegations are made against subscribers they are based upon credible evidence, gathered in a robust manner. We also propose that the independent appeals body, which Ofcom is required to establish, should adopt specific measures to protect subscribers during the hearing of appeals, including a right to anonymity.
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