Government measures against illegal file-sharing to be watered down

Culture secretary Ben Bradshaw revealed today that controversial measures to tackle illegal file-sharing will be watered down following fierce opposition.

He told the House of Commons culture, media and sport committee that rights holders will have to obtain a court order before punishing persistent offenders by reducing or cutting off their internet connections.

Earlier this year, business secretary Lord Mandelson said that internet service providers would be forced to hand over information on customers who used illegal sites heavily to music companies and film studios so that they could take action.

Giving evidence to MPs, Bradshaw also said that those targeted would also have the right to appeal against the decision. Those concessions will be seen as an attempt to assuage the concerns of those who believe the proposed remedy is heavy-handed.

Currently, those who download content illegally most often are sent warning letters demanding that they stop. Internet service providers and content owners have long been in dispute about whether ISPs should hand over confidential information about their customers, and who should meet the cost of disconnecting them.

Bradshaw defended the solution, however, which is likely to be contained in a Digital Britain bill this year, assuming enough legislative time can be found in the current parliamentary session.

"The suspensions to which you refer would be a very last resort for serious ... infringement" Bradshaw said. "It wouldn't just happen ... on the basis of an accusation."

Bradshaw also denied that he had been "rapped on the knuckles" by the Prime Minister after he criticised the BBC Trust and hinted that it should be replaced.

"On the contrary. No 10 are firmly behind the policy announcements we've made." He said No 10 felt that: "At the moment is almost impossible for anyone to say anything about the BBC without it being reported in a critical way".

He said that if the BBC is required to share licence-fee money with other organisations, as the Government is proposing, it would need to be supervised by another organisation. "As we move towards a different broadcasting landscape that will probably call for a different regulatory structure"

He said that could either by Ofcom or a new independent public service regulator but added that there were no plans to dismantle the trust and that its future should be decided when the BBC's royal charter is next reviewed.

He added that it seemed to be "open season on the BBC" and said that as "unfortunate because the BBC has great strengths. But like all major organisations it needs to change."

Bradshaw also repeated his assertion that the National Audit Office should have unfettered access to the BBC's accounts and said there was some progress on this. "They [the BBC] are certainly making some encouraging noises and they are in conversations with the NAO as to how [to allow them access] without - as the BBC see it - their editorial independence being jeopardised".

He said talks between the BBC and Channel 4 over a joint venture between the corporation's commercial arm and 4 are continuing. "We made it very clear that Channel 4 should remain a public service broadcaster and we favoured a joint venture or tie-up between Channel 4 and BBC Worldwide and this is something they are actively pursuing. The latest information on that is quite encouraging."

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