Jim Killock, Executive Director of the Open Rights Group, said:

"Ofcom's proposal denies us the ability to check whether any of the evidence is trustworthy. Instead, copyright holders and Internet Service Providers will just self-certify that everything's ok. If they get it wrong, there's no penalty (Section 7/124E(2)).

The Act requires the evidential standards to be defined - but Ofcom have passed the buck. How is anyone meant to trust this code if we can't see how the evidence is gathered or checked (Section 7/124E(3))?

Only this week, people have been apparently wrongly sent accusations of downloading tracks by the Ministry of Sound. We know things go wrong, and that's why the Act requires the evidential standards to be set out. What we need now is a new consultation on a new code, that is compliant with the Act."