Call for 'notice to notice' to replace Section 92A

InternetNZ calls for “Notice and Notice” system to replace Section 92A

Media Release – 10 August 2009

InternetNZ (Internet New Zealand Inc) has today released its submission to the MED’s review of Section 92A of the Copyright Act, proposing a notice and notice system in New Zealand as a preferred response to the issue of illicit peer-to-peer filesharing.

“Enforcement of copyright needs to be a balance between users’ rights and the rights of content creators. A notice and notice system provides the right balance for New Zealand,” says InternetNZ’s spokesperson Jordan Carter.

“Notices have been shown to reduce infringement. A system that sends notices to alleged infringers is a low cost, clean response to illicit peer-to-peer file sharing. It is consistent with the first part of the Government’s proposal.

InternetNZ welcomes the Government’s clearer and fairer approach to the issue, compared with the law that is being replaced.

The submission details the principles InternetNZ thinks should guide policy in this area, and proposes a notice and notice system based on recent developments in the UK.

It sets out why the Government’s proposal has costs that will outweigh any possible benefits.

“The Government’s proposal would see the creation of an expensive and bureaucratic system involving the Copyright Tribunal that would add costs for government, ISPs and rights holders,” says Carter.

“A notice system should instead be implemented and its results assessed. We anticipate that it will be cost-effective and obviate the need for costly and complex procedures that will not deliver corresponding benefits.

“InternetNZ reiterates in its submission its absolute opposition to termination being a remedy for copyright infringement by New Zealanders.

“Termination is an inappropriate and disproportionate remedy that will not work. Whatever approach the government takes to replacing section 92A, termination must be off the table,” says Carter.

InternetNZ’s submission is available on its website at: http://www.internetnz.net.nz/issues/submissions

ENDS

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