Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

BT and TalkTalk have failed in their bid to get the Digital Economy Act judicially reviewed. The Act was rushed through just before the last Parliament broke up prior to last year’s General Election and was passed in a rush in the so-called ‘wash-up’ procedure. The Internet service providers argued that the controversial parts of the Act that require them to deal with fire-sharers on their networks should not be brought into law. They said this was because the Government had failed to inform the European Commission of its actions, the Act failed to comply with European Union Directives on privacy and e-commerce, and the Act lacked proportionality. What the ISPs most objected to, though, was that the provisions restricting or suspending Internet access to potentially millions of innocent users would be unfair if someone else accessing their Internet connection – even someone not in their household – was the one responsible.  The ISPs may yet well appeal this High Court ruling.