Protection for ISPs as intermediaries from liability for content

It is fundamental to fulfilling the potential benefits that the Internet offers that policy-makers are committed to ensuring that providers of Internet services retain their limitations to liabilities. ISPs and Information Society Services in the UK are currently afforded mere conduit status. Without this protection ISPs would be responsible for - and start policing all - content on their networks. This would lead to de facto censorship, with innovation and free speech stifled and added costs and run counter to the Government’s freedom agenda. UK ISPs operate excellent notice and take down services and a more sensible and practical approach to dealing with content is to educate, encourage and empower Internet users to act safely and responsibly online.

Recommendation: A commitment to defend the limitations of liability of intermediary service providers in relation to caching, hosting and as mere conduits under the Ecommerce Directive

Connected to this, ISPA would urge parliament and Government to resist moves to introduce network-level blocking in the UK and ensure that the Digital Economy Act is proportionate, costs are apportioned fairly, does not distort competition and helps the development of innovative, licensed models. As identified in Europe by Commissioner Kroes as part of the Digital Agenda, ISPA would further call on Government to reduce the barriers to a single digital market to boost licensed online content distribution.

Recommendation: The removal of barriers to help promote innovative new online content distribution models

Nicholas Lansman, ISPA Secretary-General, said:

"ISPA is encouraged that the Coalition Government has made broadband roll out a priority and is consulting widely on its freedom agenda. However, to ensure that the digital economy continues to grow, ISPA has produced a number of recommendations, including greater coordination of internet policy across government, a commitment to defend liability status and a clear plan for broadband roll out.

As the Internet is of such importance to the economy and society, we look forward to working with Government and parliamentarians to take the roadmap forward over the course of this Parliament."