Calls could force ISPs to flag piracy
Media industry lobbying against online distribution is ramping up, with attempts to force ISPs to control their clients’ downloading.
Reports say that the federal cabinet will consider proposals to crack down on downloads, with an announcement expected soon.
Arts Minister and Attorney General George Brandis has given a number of promises for “significant” changes to Australia’s copyright laws.
He says there is no timetable for reform, but he wants to do something to stop people getting their choice of content.
Brandis has argued that ISPs “need to take some responsibility” for downloading, because they “provide the facility which enables this to happen” – similar to the way car manufacturers should be blamed for speeding and poor driving skills.
Proposals under consideration include a requirement for ISPs to warn people who repeatedly download illegal content. Another would force ISPs to block the Pirate Bay and other file-sharing services.
The Labor Party, which tried to impose a voluntary warning scheme while in government, says it will examine any policy proposal put forward.
But the current government has yet to “put forward a coherent policy proposal”.
“Labor supports the freedom of internet users, while also recognising that the rights of artists and copyright holders need to be protected,” a spokesperson for shadow attorney general Mark Dreyfus told Fairfax Media.
A News Corp Australia spokesperson said copyright infringement “hurts the creative community - it undermines investment, employment, business models and innovation.”
“We support the Attorney General’s approach, and while there isn’t a silver bullet, evidence from overseas suggest that such initiatives do work,” the statement said.
Major ISP iiNet recently won a four-year legal battle against 34 parties including Village Roadshow, Disney Enterprises and Dreamworks Films, after the High Court ruled it had not authorised copyright infringements, and was not responsible for its users’ illegal downloads.
iiNet chief regulatory officer Steve Dalby says ISPs are not in charge of “protecting the rights of American companies” and the proposed changes could cost “in the order of tens of millions.”
“There doesn’t seem to be any empirical evidence that either blocking websites or sending harsh notices to customers ... does anything to reduce the incidence of piracy. Show me the evidence,” Mr Dalby said.
“As a secondary issue, if we are convinced that it actually will reduce the level of piracy, then we need to talk about who is going to pay for it.”
Other experts say the rights holders should pay for their own protection, by funding the cost of any scheme and ensuring that their content is available in a quick and affordable format.