Australia’s media and arts union has endorsed a proposal that would force internet service providers to block websites which publish material that infringes copyright.
The submission from the Media, Entertainment and Arts Alliance, first reported on ZDNet, sets out the case for “extended injunctive relief” against copyright infringers by proposing to allow entities to seek injunctions directly against internet service providers (ISPs) to block websites.
“MEAA welcomes the government’s recognition that rights holders are unable to take enforcement action against overseas-based websites and that action needs to be directed at intermediaries. MEAA strongly supports the proposal to allow for no-fault injunctive relief,” it said.
“Some ISPs will no doubt argue that consumers will get around the injunction by using proxy sites. However, clearly anything that makes piracy more complicated and time-consuming will reduce its incidence. “
The union also argues for “extended authorisation liability” that would penalise ISPs if they failed to take “reasonable steps” to remove information when notified of infringements.
The submission says reasonable steps would include slowing down a person’s internet access, but not termination. It also proposes a mechanism to challenge such infringement notices if ISPs choose to take action.
Part of the submission addresses the impact of a landmark 2012 high court decision between iiNet and Roadshow Films, which found iiNet had not authorised the infringement of Roadshow’s films that were downloaded by their customers using BitTorrent. The decision has stymied the attempts of film companies to restrict access to filesharing services where dissemination of films and TV shows is widespread.
“We believe that the government’s proposals will, with some modifications, provide an opportunity to address the failings of the legislation exposed by the iiNet judgment. While critics of the proposals will argue that it is not possible to eliminate piracy, serious reduction in piracy is a meaningful goal.”
The alliance said it rejected the idea of the debate between piracy as a “David and Goliath battle” between individuals and multinationals, and such a characterisation ignored the fact that many creative professionals’ livelihoods were at stake.
“Piracy, as the government paper acknowledges, is taking place on a commercial scale through predominantly overseas-based sites. It represents a transfer of wealth away from Australia’s creative workers towards illegal foreign websites and the (albeit passive) ISPs and search engines,” it said.
The MEAA has also previously resisted changes to copyright that they say could harm the creative industry.
In an earlier submission in February the union argued against an Australian Law Reform Commission recommendation to introduce a “fair use” exception to copyright law similar in scope to the United States.
