Digital Bill Passes In Pre-Election Wash-Up
Photographers celebrate dropping of orphan works clause but sites such as Wikileaks under threat from clause 8
The government’s controversial Digital Economy Bill looks set to become law after passing a crucial third reading in Parliament late on Wednesday night.
The bill was passed by 189 votes to 47 after just two hours of debate, despite widespread opposition from campaign groups. The bill was passed with help from Conservative MPs.
However former Digital Minister Tom Watson voted against the bill – the first time he has sided against the government. “Twenty thousand people have emailed their MPs about this,” Watson said earlier this week.
But the bill did not escape unscathed from the widespread opposition it has attracted. Clause 43 which focused on the use of so-called orphan works was dropped amid criticism from groups representing photographers such as stop43.org.uk. “The UK Government wanted to introduce a law to allow anyone to use your photographs commercially, or in ways you might not like, without asking you first. They have failed. Heartfelt thanks to all who have helped make this result possible,” the group said.
The government also appeared to have back-tracked on moves to block web-sites containing copyrighted content which were proposed in clause 18 of the bill. However these proposals were later reinserted into bill in an amendment to clause 8. The clause has been criticised for potentially allowing sites such as Wikileaks – which often refers to copyrighted information – to be shut-down, and has been criticised as being an attack on free-speech.
The passing of the bill in the so-called “wash-up” process was anticipated by its opponents who earlier this week called for a fair hearing for the proposed legislation.
Opponents of the bill including the Open Rights Group (ORG) and campaigning organisation 38 Degrees claimed to have raised around £200,000 to pay for adverts in Tuesday’s Guardian and Times objecting to how the bill was going to be debated.
“Rather than subjecting it to the normal weeks of line-by-line scrutiny, politicians are planning to fast-track it into law before the general election, sidestepping debate and opposition,” the newspaper ad stated.
Reacting to the news that the bill had passed its third reading, Jim Kilock, executive director of ORG said that politicians had shown themselves to be incompetent and out of touch. “This is an utter disgrace. This an attack on everyone’s right to communicate, work and gain an education.”
The elements of the bill which allow for file-sharers to have their internet access suspended has attracted opposition from ISPs as well as groups such as ORG. Kilock said MPs who supported the bill would be punished in the general election. “There are now thousands of activists working with ORG planning to show up in hustings, demand answers from candidates, and who are willing to punish those who voted for this at the ballot box.”
Supporters of the bill however claimed that it had received a fair reading. Speaking on the Today Programme on Tuesday morning, Geoff Taylor, chief executive of the British Phonographic Industry (BPI) said that the Bill had already been discussed at length before reaching the final stages this week. “There has been a great deal of debate around this bill,” he said. “There have been several public consultations and, I think, seven days of committee debate in the House of Lords and three days in report stage in the House of Lords.”
