From Digital Economy Act Info

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Attempt at short answer

At some point in the future, it seems that there may be regulations which would allow a court to grant a blocking injunction. This could require a service provider to block access to an internet location which infringes copyright, is likely to infringe copyright, or is connected to an activity that infringes copyright.

In other words, service providers could be required to block access to internet sites associated with copyright breaches.

More detail

The section of the bill related to this changed a few times before it became an act of parliament. In its final reading in the House of Lords, it was replaced with a whole new amendment, seemingly designed to limit the powers of the act being used too heavy handedly. [1]

The clause initially says that a court may ask ISPs to block a site which has been, is being or is likely to be used for or in connection with an activity that infringes copyright which sounds very wide reaching. However, further points go on to define these powers a little more.

The powers may only be used where The Secretary of State is satisfied The use of the internet for activities that infringe copyright is having a serious adverse effect on businesses or consumers

The court must be satisfied the site being blocked is a location from which a 'substantial' amount of material has been, is being or is likely to be obtained or made available in infringement of copyright. However, also a location which has been, is being or is likely to be used to facilitate access to a location within [ the above ]', which probably means that things like torrent trackers are at risk.

It would seem places that try to remove copyrighted material once they are informed of it are given some slack as the court must take into account 'any evidence presented of steps taken by the service provider, or by an operator of the location, to prevent infringement of copyright in the qualifying material' and 'any evidence presented of steps taken by the copyright owner, or by a licensee of copyright in the qualifying material, to facilitate lawful access to the qualifying material'.

It is interesting that the court must also take into account 'the importance of freedom of expression' and 'whether the injunction would be likely to have a disproportionate effect on any person's legitimate interests'.

It also states that both the ISP and the accused infringer have to be informed of application to bring about the blocking before it can be granted.

The act defines the operators as in relation to a location on the internet, means a person who has editorial control over material available at the location which means that forum editors are responsible for their user's content. This does not appear to be new legislation, given a recent High Court ruling under the E-Commerce directive. [2]

Disclaimer

It should be noted that existing Copyright Law also applies and the above does not constitute legal advice.