TalkTalk threatens legal action over government plans

TalkTalk has threatened to take legal action over Peter Mandelson’s plans to cut off persistent illegal filesharer’s internet connections.

The Carphone Warehouse-owned internet service provider, which is the second largest ISP in the UK with 4 million customers, claims the business secretary’s plans are based on filesharers being “guility until proven innocent”.

Andrew Heaney, the executive director of strategy and regulation at TalkTalk, said: “The approach is based on the principle of ‘guilty until proven innocent’ and substitutes proper judicial process for a kangaroo court.  We know this approach will lead to wrongful accusations.”

The government plans to send out warning letters as an initial step to warn users of the consequences of downloading illegal material.  However, if there hasn’t been at least a 70% reduction in online piracy by July 2011, the government said it will begin to take action against persistent offenders, which could involve suspending their internet connection.

“If the government moves to stage two, we would consider that extra-judicial technical measures, and would look to appeal the decision [to the courts] because it infringes human rights,” Heaney said. “TalkTalk will continue to resist any attempts to make it impose technical measures on its customers unless directed to do so by a court or recognised tribunal.”

BT backed TalkTalk, saying it “remains concerned” about the government’s proposals and is interested to know whether consumers will have a fair legal hearing before any action is taken against them.

Virgin Media added: “New and compelling legitimate services are the only way to persuade a generation that has grown up with “free” to give up illegal downloading. Relying on coercion in the absence of these alternatives will fail and alienate large swathes of mainstream internet users in the process.

“The government’s new proposals look like a broadly balanced approach but their success will depend on whether they are implemented in a way that encourages innovation and ensures consumers get the services they want as quickly as possible.”