Exclusive: UK Govt responds to criticism over 10-year jail-term for web pirates

Following claims made by The Register that the UK Government’s Intellectual Property Office (IPO) simply ‘made up’ its justification for an increase in the punishment for online copyright infringement offenses, the IPO has responded.

The IPO’s proposed amendmentto the UK’s Copyright, Designs and Patents Act 1988 (CDPA 1988) could see pirates jailed for a maximum of 10 years. The research behind the amendment was detailed in aconsultationto gauge support. However its findings cited “unpublished research” as its justification along with support from copyright holders; yet only 21 of the 1,032 stakeholder responses agreed with the harsher penalty.

In an email sent to TMN, a spokesperson for the IPO said: “With regards to the article in The Register, the term “unpublished research” in the context of the report referred to inferences and conclusions drawn from the IPO’s internal policy formulation and development. Such information was derived from our analysis of the evidence and opinion provided to us by a wide spectrum of interested parties, over the consultation period.”

The comment is almost identical to that which was sent in response toThe Register’s Freedom of Information request.In other words, the IPO’s policy staff came up with the justification internally, based on opinions and evidence given by interested parties.

TMN asked the IPO why it would pursue theharsher penalty when the majority of itsstakeholders disagreed toit. Among the associations and groups included in the Consultation’s list of 27 respondents were: the British Phonographic Industry (BPI), Pirate Party UK, PRS for Music and The Publishers Association.

The IPO spokesperson told TMN each response was “given close consideration” and that not all respondents were actually concerned over the push for 10-year jail sentences forcopyright-infringing file sharers.

“Not all respondents to the consultation were concerned with the length of the maximum sentence proposed, but rather the scope and wording of the offence itself,” the spokesperson said. “These concerns will be addressed in the proposed legislative changes, with a newly worded offence offering greater clarity and certainty for users of copyright material.”

Regardless of whether those who were consulted for the proposal agree with the maximum jail term or not, the UK Government’s crackdown on online pirates is a response to calls from the creative industries for harsher action over copyright offences.

“The Government believes that those who profit from online copyright infringement and steal from our creative industries should face the same penalties as their offline counterparts,” IPO’s spokesperson told TMN.

“These proposals make the law clear. The proposed changes will provide better protection for rights holders and send a clear message to criminals looking to make a living off other peoples’ hard work, while also clarifying the scope of the offence to ensure that accidental infringement is not subject to criminal penalties.”