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ARTICLE · 19 DECEMBER 2018

Changes to Australian copyright law to block offshore pirate websites take effect

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Despite stakeholder criticism, the speed with which the Act was passed reflects the bipartisan political support.

AustraliaIntellectual Property
Angela Flannery
Angela Flannery
Sarah Butler
Sarah Butler
Michael Hope
Michael Hope
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Our recent article here examined the provisions of the Copyright Amendment (Online Infringement) Bill 2018 (Cth) (Bill). That Bill, which was first introduced to the Australian Parliament on 18 October 2018, was passed unamended by both Houses of Parliament on 28 November 2018 and is now in full force and effect.

The speed with which the Act was passed reflects that there was bipartisan political support for the Act. Notwithstanding that bipartisan support, a number of stakeholders have criticised the Act and its potential implications.

Key provisions of the Act

Prior to the commencement of the Act, section 115A of the Copyright Act 1968 (Cth) (Copyright Act) enabled a copyright owner to apply to the Federal Court for an injunction requiring a provider of internet services, a so called carriage service provider (CSP), to take reasonable steps to block access to overseas pirate websites. As noted in our earlier article, the key provisions of the Act

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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