Continuing Controversy Over Proposed Changes to Copyright Law

The Copyright (Infringing File Sharing) Amendment Bill (Bill) introduced to the New Zealand Parliament in February of this year amends the Copyright Act 1994 (Act) to provide new enforcement measures against the unauthorised sharing of copyright material via the Internet. Remedies available include fines of up to $15,000 and temporary suspension of Internet accounts. The latter remedy, in particular, continues to generate controversy.

The Bill repeals section 92A of the Act (enacted by section 53 of the Copyright (New Technologies and Performers Rights) Amendment Act 2008), which would have required Internet service providers (ISPs) to adopt a policy providing for the termination of a repeat infringer's Internet account. Various civil liberty groups protested against section 92A – the section also raised considerable debate among academics and lawyers (as have similar provisions around the world – for example, in France, with the enactment of the HADOPI regime, and