BT and Talktalk appeal the Digital Economy Act

THE UK COURT OF APPEAL is in its second day of hearing an appeal of the Digital Economy Act (DEA).

The hearing is listed as "The Queen on the application of British Telecommunications Plc & Anr -v- Secretary of State for Business, Innovation and Skills & Ors. Appeal of Claimants from the order of Mr Justice Kenneth Parker," and sees the UK internet service providers BT and Talktalk appealing the DEA and their role in it.

This is the second day of the hearing and news of the proceedings has been rare so far. We have asked the Department for Culture Media and Sport, Talktalk and BT to comment and will update if they respond.

BT and TalkTalk petitioned twice for their right to appeal, and after failing in the Spring were finally given the go ahead in October of last year. These hearings are the result and will see the firms argue that it is not fair for them to have to take on the role of warning and enforcement officer under the DEA regime.

Although the parties have not responded to our latest requests for comment, they were rather bullish before.

"Both companies continue to take the view that the regime represents a disproportionate interference with the rights of internet service providers, subscribers and internet users and with the concept of freedom of expression," said a BT spokesperson last Summer. "The two companies have chosen to seek an appeal." µ