Hon Simon Power
Minister of Commerce

3 November 2010 Media Statement

Minister welcomes select committee changes to Section 92a

Commerce Minister Simon Power today welcomed the Commerce Select Committee’s changes to the Copyright (Infringing File Sharing) Amendment Bill.

The bill, which repeals section 92A of the Copyright Act, puts in place a three-notice regime to deter illegal file sharing.

The measures include ISPs sending warning notices to their customers informing them they have infringed copyright, and extending the jurisdiction of the Copyright Tribunal to provide a fast track, low cost process to hear illegal file sharing claims.

The tribunal will be able to award penalties of up to $15,000 based on damages sustained by the copyright owner.

“The Commerce Select Committee’s recommended changes to the bill will help it be more workable and effective,” Mr Power said.

The bill, as referred to the committee, included the power for a District Court to suspend an internet account for up to six months, in appropriate circumstances.

The committee has recommended that this power be included in the Copyright Act – as foreshadowed by the Government – but not brought into force unless the notice process and the remedies in the Copyright Tribunal are ineffective.

This will enable the Government to work with stakeholders to monitor and review the situation and determine when a further deterrent may be needed.

It’s expected the issue will be reviewed in two years time, coinciding with the five year review of the digital copyright amendments that were passed in 2008.

Another key recommendation is that the notice regime will not apply to cellular mobile networks until August 2013.

“This position is likely to change in the near future as technology advances and mobile broadband prices go down.

“I encourage ISPs and copyright owners to work with the Ministry of Economic Development to monitor the overall effectiveness of the regime, including the levels of infringement occurring on cellular mobile networks, and whether the remedy of internet suspension is required.”

Other recommended changes being supported by the Government include:

• Clarifying that representative organisations can use the new measures on behalf of copyright owners (by aggregating instances of infringement), which will make the system both easier to use for owners and easier for ISPs to administer.
• Redrafting the definition of file sharing to narrow its scope.
• Enabling the Copyright Tribunal (or the District Court, if internet suspension is brought into force) to decline to make an order where it would be manifestly unjust to the account holder.
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“Once enacted, this legislation will discourage illegal file sharing and provide more effective measures to help our creative industries enforce their copyright.”

ENDS

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