The Digital Economy Bill could be bad news for hotels providing internet services if it's passed, the British Hospitality Association has warned, because it makes them responsible for identifying guests who have downloaded material illegally while staying with them.
Under the new law, currently being debated in the House of Lords, Internet Service Providers (ISP) will be required to write to customers who have been downloading content illegally with a report and supply details of those customers to the rights holders to enable them to pursue legal action against them.
The BHA says despite liability for identification resting with ISPs, it will be up to hotels to provide guest details and then issue them with the report. It is also concerned that many guests would have left the hotel by the time a copyright infringement notice is issued, usually three days after the alleged illegal download.
Difficult to regulate
"The BHA's first concern is that whilst it is relatively easy to identify wired users, wireless users can be significantly more difficult and those using a prepaid card will be impossible to identify," it said in a statement.
Martin Couchman, deputy chief executive of the BHA, added: "If it is passed in its present form, the difficulties of applying this Bill to the hospitality industry, with its transient user profile, appear not to have been considered. We are making representations to Government to highlight our concerns."
If the bill is passed the ISP could also disconnect a customer if there are persistent illegal downloads, which the BHA claimed 'would be a grossly unfair consequence of a guest's action.'
Regulating illegal downloading by customers or guests at hospitality businesses providing Wi-Fi services is an increasing concern for business owners.
Last year a pub was forced to pay £8k in fines after a customer used its wi-fi to download copyrighted material and it was unable to track who had been using it.
If the Digital Economy Bill is approved in the Lords it will need to gain Royal Assent before being made law.