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Under new proposed copyright legislation, Australians who download illegal pirated content will be spared harsh penalties, with the onus being placed on internet providers to block websites that host the illegal content.
As reported by Fairfax, Attorney-General George Brandis and Communications Minister Malcolm Turnbull have developed a “minimalist set of reforms” aimed at curbing online piracy and have shifted the previously proposed harsh repercussions, such as reduced speeds for repeat illicit downloaders, away from consumers.
Instead, those who are found repeatedly downloading content illegally would initially be sent written notices warning them they’re breaching copyright. The government are also looking into restricting access to sites that host pirated content, a scheme that has proved effective in the UK. Cabinet will thus discuss the feasibility of allowing rights holders to seek a court injunction ordering providers to block overseas websites such as The Pirate Bay hosting illicit material.
Consumer body Choice, according to Mumbrella, has warned against such a scheme, saying media companies should instead concentrate on making content available more quickly and at reasonable prices for consumers. A new study conducted by the group found not only that 29 per cent of people who pirate at least monthly also pay for content through legitimate means, they are also more likely to do so than those who don’t pirate and than the broader community as a whole.
“This data shows that most Australians who pirate are even more willing to spend money on content than those who don’t pirate,” said Choice campaign manager Erin Turner. “Yes there is a small group who will always pirate but most are motivated by issues of affordability and access. Their total consumption patterns on content show they are paying for a lot more than they pirate and are more likely to pay for content than people who don’t pirate at all.”
Additionally, the research found that 64 per cent of those who pirate would use their technical knowledge to access sites that are blocked, effectively bypassing the government’s proposed mechanism to block sites hosted pirated content, should it be adopted. “It’s not surprising as they have a degree of tech literacy so the kind of solutions to piracy that we know the government is considering are less likely to effect people who are illegally downloading content,” Turner said.
“We need to address the competition issues and give people the content they want in the way they want it. It is a warning to media companies. Give people the content they want and they’ll pay.” Choice have launched an online petition, calling for the government to work “smart” at reducing online piracy by addressing the core content issue.
According to Fairfax, the ministers’ joint submission argues that internet providers and rights holders should work together to develop a code with the Australian Communications and Media Authority and if no such compromise is met, the government will retain the option of using further legislative change. Such previous discussions between providers and rights holders have halted over the question of who would pay for such a scheme.
A scheme like this with additional appropriate safeguards, has been approved by industry body Communications Alliance although they admit the risk of “collateral damage”, where legitimate sites could inadvertently be blocked and blocked sites may quickly show up at a new address.
