IIA Fastracks Industry Copyright Code

11 March 2011

In the wake of the landmark iiNet appeal decision, the Internet Industry Association today announced it would immediately start work on an industry code of practice for internet intermediaries, including ISPs, search, hosting and social media providers.

IIA chief executive, Peter Coroneos explained the basis of the IIA's annoucement: "Having closely reviewed the recent decision of the Full Federal Court, we've concluded it's both necessary and appropriate to develop a code of practice to give a range of internet intermediaries greater certainty around their legal rights and obligations. The iiNet case has provided us with welcome guidance on where responsibilities should begin and end, but falls short in defining reasonable steps intermediaries should take in responding to allegations of infringement by their users. The Code will address this gap."

Mr Coroneos said he hoped this renewed push would also provide a stimulus for the development of new business models aimed at giving Australian internet users in Australia access to a wider range of legal, affordable, compelling content.

"Market failure remains a core contributor to the infringement problem. If users have access to more and better content, when, where and in the form they choose to consume it, and at a realistic price, we're quite sure the motivation for infringement will decline. We certainly don't condone the infringement of copyright - but internet users need attractive, lawful alternatives if we are to see positive behavioural change. There's no reason why Australia shouldn't be leading the way here."

In tandem with Code development, the IIA will renew its legislative push to have the safe harbours in the current Copyright Act extended to cover intermediaries beyond carriage service providers.

"The 2005 (US/Australia Free Trade Agreement) amendments to the Act failed to deliver Australia equivalent protections that exist under US law regarding who is eligible for safe harbour protection. Here, it is only carriage service providers such as ISPs who qualify," said Mr Coroneos.

"This has left search providers, social network media, universities, auction sites, hosting and cloud services, corporate networks and others exposed to potential liability for the infringing acts of their users."

"This serious omission impacts on the risk position of such players and impedes innovation and investment in the digital economy. We are therefore grateful the Federal Attorney-General has recently reopened consideration of this area and we will be making the appropriate representations as a matter of priority."

ENDS

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