Update on the Online Privacy Debate

Director of leading London-based law firm, Halebury, Denise Nurse gives her legal views on the online privacy debate.

“Governments are still struggling with how to react to impact of internet on operation of traditional business models in media and entertainment world. The enforcement Copyright law as it is, is inadequate to deal with the speed and ease of piracy on the internet.

Piracy is having an effect on the industry and consequently will affect jobs, but using heavy handed legislation may not be the right way to deal with the problem. Here in UK the Digital Economy Act is still in limbo as the BT and Talk Talk challenge to similar provisions to the US is underway in the Court of Appeal. Even if the US is successful in passing this legislation enforcing it will be another matter. We are still waiting to see the impact of the French legislation.

The creative industries need to apply creativity in equal measure to the push for legislation to deal with the loss of revenue through piracy. Consumers are still willing to pay for some content at the right price. iTunes and eBooks show the success of this. The businesses are risking alienating the consumers whilst it is still important to stop the criminals, the freedom that the internet provides has a seemingly unstoppable momentum and the mechanics of legislation are unlikely to have the power to slow it down."