Third party intermediary injunctions
The government has commenced a review of the regime under s 115A of the Copyright Act 1968 by which copyright owners can seek injunctions ordering ISPs to block access to offshore infringing websites.
The discussion paper raises three questions:
- How effective and efficient is the mechanism introduced by the Online Infringement Amendment?
- Is the application process working well for parties and are injunctions operating well, once granted?
- Are any amendments required to improve the operation of the Online Infringement Amendment?
The discussion paper notes a survey by Kantar Public which reported that the downloading of unlawful content by individuals had fallen by 10% from 2015 to 2017. However, there had been a slight increase for video games. These results were considered consistent with other evidence from Creative Content Australia and Choice. The discussion paper did not that other factors such as increased availability and increasing use of subscription services may also have contributed to the falling levels of infringement.
Submissions are requested by 6 March 2018