Martyn Wade, (right)   the head librarian and chief executive of the National Library Scotland, said: "We're missing the birth of a new way of publishing. We've lost six years of Scottish digital history, which can't be replicated, and we continue to lose that history with every month we don't have this legislation."

The British Library and NLS have had to broker voluntary deals to archive some websites, or introduce one-off "sweeps" of major events, such as the 7 July bombings of London. A deal with the Scottish government and parliament to "harvest" their websites has only just been signed.

"Our frustration is that Britain was one of the first countries in Europe and possibly the world to recognise the issue and pass legislation," said Wade.

The Legal Deposit Libraries Act 2003, will not become law before the next election, after  delays in getting proposals from an advisory panel and hold-ups in Whitehall. Heralded in 2003 as evidence that Britain was at the forefront of the digital revolution, it meant "a vital part of the nation's published heritage will be safe", according to Labour MP Chris Mole, now a junior transport minister, who introduced it as a private member's bill.

It gave six libraries – the British Library, the National Library Scotland, the National Library of Wales, the Bodleian in Oxford, Cambridge University Library and Trinity College Dublin – the same legal authority to collect digital material that they have for printed works.

Digital literature, online scientific research and internet journalism that should have been saved in the nation's main libraries over the past five years may be lost because ministers have failed to give them the legal power to copy and archive websites, At least 26 other countries, including France, Germany, Canada, Denmark, Finland, New Zealand and Norway, have similar laws in force.

This has meant the libraries – legally required to archive books, newspapers and journals –  failed to record online coverage of major events such as the Iraq and Afghanistan wars, the release of the Lockerbie bomber and the MPs' expenses scandal.

Phil Spence, head of operations at the British Library, (left) said the failure had left a major "digital black hole" in the library's collections, with huge gaps in the archives for researchers, scientists and historians.

"We've lost five years of digital content which is gone potentially for ever, and the ability of the nation to capitalise on that as well. We're failing to create intellectual capital and the knowledge economy because of this digital black hole."

The British Library was unable to store the BBC's website,  National Gallery or British Museum website, any UK newspapers' websites, or scientific journals published online because of copyright issues.

Blogs, community pages, government and business websites can only be archived after laborious voluntary agreements. The act protects the libraries against copying defamatory material, but would also protect a publisher's copyright.

The political disinterest in digital and multimedia on line equates to the multibillion-pound " Digital Britain" initiative to improve the broadband network and promote "digital inclusion." As Britain slipped the ranks  last year, it looks to be continuing on the same downward path.