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Opponents of the controversial Digital Economy Act are celebrating another minor victory following the latest High Court decision.

Mr Justice Wyn Williams has ruled that a Judicial Review of the legislation is possible on the fourth ground of proportionality – effectively increasing the chances that the anti-filesharing law could be thrown out.

Internet service providers (ISPs) BT and TalkTalk, which brought the review earlier this year, claim that the act – which may force broadband providers to cut the connections of repeat offenders – places a disproportionate burden upon them.

According to, the High Court judge sought the view of the European Data Protection Supervisor Peter Hustinx before deciding whether there is a case to answer.

A full review of the Digital Economy Act is now set to take place in April 2011, with ISPs and potentially many broadband users hoping for the removal of the legislation.

The law was passed in April 2010 during the parliamentary wash-up period prior to the general election, but BT, TalkTalk and other critics claimed that the bill faced insufficient scrutiny from MPs.

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