ISPs Beware: Current Liability Regime For On-Line Illegal File Sharing Called Into Question

The on-going debate between the entertainment industries and Internet Service Providers ("ISPs") centring round the extent to which ISPs should be liable for illegal activities occurring over their networks has recently intensified following the release of a strategy paper entitled "Creative Britain: New Talents for the New Economy"¹ (the "Strategy Paper") by the Department of Culture, Media and Sport. The Government is encouraging stakeholders to come to a `voluntary' agreement on a workable plan to take action against illegal file sharing. The Strategy Paper sets out a timescale within which content owners and ISPs must have reached an agreement, failing which the Government has made it clear that it "will not hesitate to legislate in this area if required"².