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UK Film Policy Review Calls for ISP Digital Economy Act Implementation ASAP

Posted: 18th Jan, 2012 By: MarkJ

A new independent review of UK film policy, which was commissioned by the governments Department for Culture, Media and Sport (DCMS) and intended to identify any barriers to growth, has called for the controversial and much delayed internet anti-piracy Digital Economy Act (DEA) to be implemented by Ofcom "as soon as possible".

The DEAct aims to tackle "illegal" internet copyright infringement (piracy) by, among other things, imposing "technical measures" upon broadband ISPs (speed restrictions, service disconnection etc.) and issuing warning notices to customers when such activity is detected. Repeat offenders could also have their details shared with Rights Holders for further legal action.

The Panel, which is headed up by the former Secretary of State (Lord Smith of Finsbury), also called upon UK ISPs to "play their full part in ensuring that measures in the UK to tackle copyright infringement, including the DEA provisions and other initiatives, work effectively".

British Film Review Panel Recommendation

9. The Panel recommends that as soon as possible the Government and Ofcom implement the provisions in the Digital Economy Act designed to reduce significantly online infringement of copyright.

We also recommend that the film industry works closely with the Intellectual Property office, Ofcom and the proposed BFI Research and Knowledge function to ensure that evidence on the levels and impacts of copyright infringement and theft on industry is as robust as possible.

The recommendation and belief that the DEAct provides a "strong commitment to combat piracy and illegal exploitation of intellectual property" is unsurprising for a report that is intended to be friendly towards the media industry.

The Minister for Culture, Communications and the Creative Industries, Ed Vaizey MP, added:

"I am committed to creating a more stable and financially sustainable industry and I thank Chris Smith and the panel for the huge amount of work that has gone into preparing this report. I know the panel has worked very closely with representatives from the entire film community and I look forward to examining what the report recommends."

Sadly the Panel fails to touch upon any of the wider concerns with the act, such as its inability to reliably identify the offending individual (e.g. many ISP customers, businesses and public services share their connectivity) and related ramifications. But it does at least promote the need for better legal alternatives.

British Film Review Panel Statement

"Although many of the consultation responses suggested there needs to be a greater level of enforcement of IP rights, there was also a clear call for a greater understanding of the motivations for unlawful downloading and an exploration of potential new ways to engage audiences.

As the British Screen Advisory Council (BSAC) put it in their submission: “It is increasingly important that content is made available across multiple platforms for a reasonable price in order to counteract piracy.

The Panel is particularly keen, therefore, that the proposed R&D fund for film examines how different distribution models could affect levels of copyright infringement, including the impact of the theatrical windows, on the release of independent films."

Meanwhile ISPs are continuing to debate a new Voluntary Code for blocking the worst piracy infringing websites, although it's been awhile since we had any firm update on their progress. Separately BT and TalkTalk have this week started a new appeal against the legislation (here), although both ISPs are keeping tight lipped about it and we might have to wait a little while longer for the outcome.