BT's 'presumption of guilt' warning over new illegal downloads legislation

BT, THE UK's largest provider of internet services, has hit out at new legislation cracking down on illegal downloads, saying it was concerned that legitimate customers could be "presumed guilty" under proposals to block websites where there was evidence of contraband file sharing.

Last week, the Westminster parliament rushed through controversial legislation aimed at preventing illicit downloads in a pre-election "wash up", despite the initiative being hotly-contested by industry and users.

The Digital Economy Bill, which received Royal Assent on Friday, will allow content companies to force internet service providers (ISPs) such as BT and TalkTalk to block the connections of customers suspected of online copyright infringement.

Two-thirds of 14-20-year-olds are estimated to download music files illegally to avoid charges, amounting to millions of pounds of lost revenue to musicians and music companies every year. But fears that internet account holders unaware of their children's online activity would be caught up by the legislation have prompted a backlash from ISPs which resent being asked to police downloading activity.

BT said it had been "vocal in expressing concern about rushing through legislation on matters as important as web blocking and interference with internet access.

"Our priority is to ensure our customers are treated fairly and appropriately," a spokesman said. "We remain concerned about customers having access to a fair process, rather than being presumed guilty on accusation. We will continue to work to minimise the potential negative consequences for our customers."

Polly Purvis, chief executive of ScotlandIS, a body representing Scottish technology firms, said she was "hugely perturbed" by the new legislation which put internet service providers "in an impossible position".

"There clearly is a problem around copyright protection," she said. "But here we have a case of asking the postman to be the person who polices the act and that is just nonsense."

But Feargal Sharkey, former lead singer in The Undertones and chief executive of industry body UK Music, which has lobbied hard for the rights of artists and songwriters, dismissed the industry claims as "self interest and disinformation".

He argued the bill would have "no impact whatsoever" on people who downloaded music, films or games legally and that only those that were categorised as "serious repeat infringers" would run the risk of having their broadband speed slowed down or suspended.

"The levels of unlicensed, unauthorised and illicit downloading of music without the knowledge and approval of musicians, artists and investors were quite frankly becoming unsustainable," he said.