Ofcom plans 'robust' file-sharing appeals

Ofcom has said that anyone accused of file-sharing under the government's new legislation must get access to a "robust" appeals process before their web connections are blocked.

Last week, the digital economy bill was voted through parliament, including new powers to combat illegal peer-to-peer file-sharing.

Under the system, which is being handled by Ofcom, internet service providers will be expected to cut off persistent online copyright pirates as the most severe punishment in a 'three strikes' approach to the problem.

However, the new powers have been widely criticised by ISPs on grounds that they will unfairly punish innocent web users and increase instances of hacking as pirates shift activity to other internet connections.

TalkTalk, which has over four million broadband subscribers in the UK, recently stated its intention to resist the new measures unless specifically ordered by a judge.

Ofcom has therefore attempted to soothe the controversy by stipulating that copyright holders will need to obtain a court order before demanding information from ISPs on suspected file-sharers.

Anyone accused of piracy must also get access to an effective appeals process to defend themselves against being cut-off from the internet.

"Qualifying ISPs will be required to notify subscribers of allegations made by copyright owners that their account has been used for unlawful file-sharing and to maintain a list of the subscribers who receive multiple unchallenged notifications," Ofcom explained.

"Subscribers must be provided with sufficient information in any notification such that they can challenge the basis under which the notification has been sent. They must also have access to a robust and effective appeals mechanism.

The regulator added: "Subscribers on those lists may have their details passed to relevant copyright owners who may pursue legal action, though any such transfer of personal information will require a court order. Any processing of subscriber data must be in compliance with the relevant data protection laws."

Under the timetable set by government, Ofcom will need to publish a draft file-sharing code for consultation by no later than May, and then release a further statement in September.

Due to the legislation's controversial reception, Ofcom plans to fully engage with industry stakeholders on the provisional code's formation and subsequent consultation.

When a draft statutory instrument embodying the approved code is finalised, it will also need to be submitted to the European Commission for consideration.