The Law Society of Scotland believes that the new UK anti-piracy bill, dubbed the Digital Economy Bill, may breach the EU's human rights legislation.
Jim McLean, convener of the Society's intellectual property committee believes that lack of involvement by the courts could see the DEB breach EU laws. "If the bill were passed as it stands, it would mean that a subscriber's internet access could be limited or even cut off on the grounds of an alleged infringement without any court having made an order against that subscriber."
"This in our view raises serious concerns with the European convention on human rights, which provides that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law," McLean added.
The bill also allows copyright holders the power to block any website they wish if the websites are hosting illegal content, another controversial point that may raise the objections of the EU.
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Jim McLean, convener of the Society's intellectual property committee believes that lack of involvement by the courts could see the DEB breach EU laws. "If the bill were passed as it stands, it would mean that a subscriber's internet access could be limited or even cut off on the grounds of an alleged infringement without any court having made an order against that subscriber."
"This in our view raises serious concerns with the European convention on human rights, which provides that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law," McLean added.
The bill also allows copyright holders the power to block any website they wish if the websites are hosting illegal content, another controversial point that may raise the objections of the EU.
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