What to do if you're accused of file sharing Responding to an accusation

Which? doesn't condone illegal file sharing, which millions of people do each year. However, we do want to stand up for those who have been wrongly accused of illegal file sharing. 

We've been contacted by hundreds of people who've received letters wrongly accusing them. ACS Law was the principal law firm pursuing people, and in January 2011 some people were receiving letters from a limited company rather than a law firm.

At the end of January 2011 ACS: Law decided to stop pursuing file sharers. After closer judicial scrutiny, the judge ruled that the claims were 'not solid.'

This means that, if you have been accused by ACS: Law you can expect no further action to be taken. If you have been accused by someone else, follow the advice below and get in touch with us to let us know. 

What to do if you've been wrongly accused

Hundreds of people have been wrongly accused

Don't ignore the letter. It might come from a law firm or a company, either way you should reply to let them know that you want to challenge their claims, and explain why you are challenging them. You might want to examine the following things:

Does anyone else have access to your internet connection?

The letter to you might claim that the IP address they have corresponds to your internet connection and that this alone is evidence of your guilt, but Which? does not accept that this is correct.

• Could someone else in your household be responsible?
• Could this have happened because your wi-fi internet connection is unsecured and has been used without your knowledge?
• Even if your wi-fi connection is secure, could someone have access to your internet connection through a computer virus?

Remember that you have to be actively involved to be guilty of copyright infringement. If you're not, explain why and ask for the proof that positively identifies you as the culprit. 

Were you in the house at the time of the incident?

It may be the case that you were away when the files were downloaded over your connection. If you were on holiday or at work, make this point in your letter and let them know what evidence you have for this, for example a witness who can place you elsewhere at the time they claim you were downloading copyrighted files. 

Has your ISP made a mistake?

Ask your Internet Service Provider (ISP) to double check that the IP address quoted in the letter was allocated to you at the time of the alleged infringement. Ask them to make sure that, as well as checking the right numerical sequence, they check the right date and UK time.

Is your IP address correct?

You will find the IP address on the first page of the first letter sent to you. In some cases, people have been wrongly identified by their ISP, so it's worth checking this by writing and asking them.

Next steps 

They may make counterclaims or raise other issues when they reply – but concentrate on making them prove it was you.

If your original letter came from a company rather than a law firm, they may pass your case on to a law firm if they decide to pursue it. In this case, you will have another chance to dispute the allegations when you receive a 'letter before action' from the law firm. Law firms are required to send letters like this out before taking any action against you.