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Digital Economy Bill [HL]

I have never felt so popular, my Lords. I should like to speak to a rather different mechanism but one that is very much in sympathy with that of the noble Lord, Lord Lucas. My Amendment 124 would establish an independent adjudication scheme which subscribers could access at any stage of the process set out in Sections 124A to 124L of the Communications Act. The aim would be to enable subscribers to access an independent adjudication scheme for a judgment to be made on unlawful file-sharing cases. Certainly, consumer organisations would like to see the Government establish such an independent adjudication system. It would be connected with Ofcom—at least, it probably would be—and it would have several advantages over the current situation and the Government’s proposals. For instance, it would be relatively inexpensive and would give the accused the opportunity to defend himself without incurring large costs. One would hope that if one set up a suitable system, the adjudicator would have an in-depth knowledge of the evidence and that those involved, having examined the evidence from both sides, would be able to question the claims of both sides. Sectoral and technological expertise could and should be integrated easily into the adjudication process. Subscribers should be able to access this dispute resolution body at any stage after the receipt of a first official notification from ISPs, so it differs considerably from the current scheme. It would adjudicate on the merits of the accusation—or the allegation as we should call it. Those not happy with the outcome could appeal under Clause 8(4) and (6). This would be a preferable way of doing things. The consumer needs a way to have the allegation investigated, as the structure of the notification system seems to assume that the data are right. That returns to the point under an earlier amendment that the technical identification is accurate and by implication the IP account holder is liable. The innocent IP account holder deserves a system whereby he or she will know that once adjudicated the matter is fully resolved and no further action will be taken against him or her in respect of that allegation.