Australia’s ISPs Continue to Support Efforts to Help Combat Online Copyright Infringement

Sydney, 30 July 2014: Australian Telecommunications Alliance, whose members include Australia’s major Internet Service Providers (ISPs), welcomed the release today of the Government’s discussion paper on online copyright infringement, but urged caution around several of the reform proposals.

Australian Telecommunications Alliance CEO, John Stanton, stressed that its member ISPs do not condone online copyright infringement and encourage the lawful use of the Internet.

“We believe that for any scheme designed to address online copyright infringement to be sustainable it must also stimulate innovation by growing the digital content market, so Australians can continue to access and enjoy new and emerging content, devices and technologies,

“The ISP members of Australian Telecommunications Alliance remain willing to work toward a solution that balances the interests of all stakeholders, including consumers,”

“We do not share the view in the discussion paper that the High Court’s decision in Roadshow Films Pty Ltd v iiNet Ltd (April 2012) undermines Australia’s international obligations, nor that there is any obligation in Australia’s free trade agreements that means the Copyright Act must be amended to extend authorisation liability, “Mr Stanton said.

“If the Government does ultimately decide to amend the Copyright Act, this should only take place after an agreement on an industry scheme is reached, as such a scheme may go a long way to addressing their concerns.”
Australian Telecommunications Alliance said careful consideration was needed regarding the proposal to extend the authorisation liability within the Copyright Act.

“This proposal has the potential to capture many other entities, including schools, universities, libraries and cloud-based services in ways that may hamper their legitimate activities and disadvantage consumers,” Mr Stanton said.

He noted that the discussion paper contemplated ISPs being required in response to third party allegations to impose sanctions on their customers accused of infringing copyright. ISPs have been consistent in their view that any actions in response to allegations of copyright infringement must have robust safeguards in place including independent oversight to protect the interests of consumers.

“We note and support the Government’s expectation, expressed in the paper, that an industry scheme, if agreed, should not provide for the interruption of a subscriber’s internet access – although the possibility of internet accounts being terminated is contemplated under the existing Safe Harbour provisions of the Copyright Act.”

Industry has identified the following key matters that should be addressed in any scheme:

• a holistic end-to-end approach, supported by Government, rights holders, ISPs and consumers;
• stronger efforts by rights holders and Government to ensure that consumers can access lawful, affordable content when they want it, accompanied by public education on how and where to access such content;
• a level playing field involving all ISPs and rights holders, so as not to distort the market;
• recognition that technology is moving very quickly and any solution may be quickly redundant as online content markets continue to evolve;
• independent (judicial or regulatory) oversight;
• consultation with, and protections for, our customers and consumer groups including in areas such as privacy and access to an appeal mechanism;
• legal protections for ISPs;
• resolution of funding for any scheme, consistent with enforcement of other intellectual property rights, and consistent with how ISPs assist other parties (particularly law enforcement agencies) to address other digital content issues; and
• innovation in, and growth of, the digital content market.

ABOUT COMMUNICATIONS ALLIANCE

Australian Telecommunications Alliance is the primary communications industry body in Australia. Its membership is drawn from a wide cross-section of the communications industry, including carriers, carriage and internet service providers, content providers, platform providers, equipment vendors, IT companies, consultants and business groups.

Its vision is to be the most influential association in Australian communications, co-operatively initiating programs that promote sustainable industry development, innovation and growth, while generating positive outcomes for customers and society.

The prime mission of Australian Telecommunications Alliance is to create a co-operative stakeholder environment that allows the industry to take the lead on initiatives which grow the Australian communications industry, enhance the connectivity of all Australians and foster the highest standards of business behaviour.

Media information contact:
info@austelco.org.au