Supplementary written evidence from the
Secretary of State, Department for Culture, Media and Sport
This memorandum is to clarify Ben Bradshaw's
reply to Questions 22 and 42. A letter to the Chair has already
been sent setting out these points.
ILLEGAL FILE
SHARING
In response to questions from Tom Watson and
yourself, I gave the impression that a court order would be needed
before technical measures, including the temporary suspension
of accounts, could be imposed on ISPs' customers. That is incorrect.
It looks as though I may have inadvertently confused the circumstances
Tom mentioned with the fact that a court order would be needed
by rights holders during the initial notification period if they
wanted ISPs to release details of the most serious infringers
so that they could prioritise legal action against them.
At the stage at which technical measures or account
suspension are threatened, we propose that the alleged infringer
would have a right of appeal, and ultimately this may be heard
by a First Tier Tribunal.
As I asserted during the session the matter
of costs is something that will be covered as part of the Regulatory
Impact Assessment issued in the context of the Bill, which will
be the most appropriate vehicle to provide this information.
November 2009
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