How the Digital Economy Bill relates to EU regulation
Professor Alison Harcourt from the University of Exeter's Department of Politics writes about the Digital Economy Bill, announced in last week's Queen's Speech.
The Queen’s speech announced a new Digital Economy Bill. One of the main measures is to mandate a minimum broadband speed of 24Mbps for at least 95% of UK homes and universal service obligation minimum of 2Mbps. Proposed funding for this via an industry levy. Any broadband subsidy under the BDUK programme is subject to EU state aid rules particularly if disputed by the private sector (as previously) or could be challenged under WTO countervailing measures in future if Brexit occurs and the UK does not participate in the Single Market.
The bill is also to introduce a new Electronic Communications Code to reduce the ability of landowners to overcharge for laying broadband infrastructure. However, the last time the government attempted to curb excessive charging in amendments to the 2015 Infrastructure Bill, the proposal failed due to protest from landowners.
The bill also will also require the mandating of age verification for access to websites e.g. containing pornographic material which implements part of the EU’s General Data Protection Regulation. The bill’s proposal for consent for direct marketing to protect citizens from spam emails and nuisance calls is also a part of the Regulation’s implementation. The Information Commissioner will inherit more powers to fine those circumventing consent. Indeed, the UK is proposing that the EU additionally require that direct marketing callers provide Calling Line Identification. This is in anticipation of a change to the EU’s Privacy and Electronic Communications (EC Directive) Regulations within the coming year.
Lastly, copyright will be strengthened. It is unclear as to how the government intends to tackle this however this will become apparent once it responds to consultations on proposals to amend the EU’s copyright Directives in the autumn of this year. In this respect, the UK is tied to wider international agreements on copyright and intellectual property such as the WIPO Copyright Treaty and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In its last attempt to curb piracy in the 2010 Digital Economy Act, the government was successfully challenged by large private sector groups. Current global trends signal a move away from statutory obligations on copyright towards industry self-regulation via standard adoption for web browsers. For example, browsers are being asked to integrate digital rights management (DRM) software into browsers through Common Encryption (CENC) and Encrypted Media Extensions (EME). For example, Google’s Widevine DRM could be integrated into the Chrome browser or Microsoft PlayReady to Internet Explorer and so on. This may lead to less pressure on the UK for more formal measures.
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