Australian Senate passes anti-piracy website blocking into law

The days of 1.4 million Australians being able access copyright infringing music, films and TV for free from overseas sites are numbered, with the Senate last night passing the controversial legislation to allow copyright holders to block the sites.

The vote for the Copyright Amendment (Online Infringement) Bill 2015 was supported by the Coalition and Labor 37 to 13. It was opposed by the Greens (whose Scott Ludlam called it “lazy and dangerous” and “not the most effective means of stopping piracy”) as well as independent Senators David Leyonhjelm, Glenn Lazarus and Ricky Muir.

Copyright holders have been battling for five years to be able to apply to the Federal Court to block sites as The Pirate Bay and KickAssTorrents, and Australian ISPs have to comply. The fear is if the Court is in a position to recognise which sites were intentionally set up for piracy, and which ones inadvertently do so.

ISPs and rights groups are concerned that the Government’s intention to review the effectiveness of the law in 18 months was not included in the bill as a statutory requirement.

The new law still allows Australians virtual private networks (VPNs) where they can hide their location to access overseas sites.

Vanessa Hutley, General Manager of Music Rights Australia, welcomed the new law.

“Section 115A  gives the creative community an effective tool to disrupt illegal off shore  sites which make millions of dollars from advertising but give nothing back to the artists  whose work they systematically exploit on a massive scale," said Hutley. "Australian consumers have over 30 licensed online music sites to choose from  across a range of platforms and at  price points, including free on advertising supported services, yet these illegal sites have continued to flourish and make money for their operators because there was nothing the copyright owners could do locally to stop them. Until now.” 

Foxtel Chief Executive Richard Freudenstein congratulated the Government and Opposition for recognising the impact of piracy on creative talent and their investors.

"These offshore sites are not operated by noble spirits fighting for the freedom of the internet, they are run by criminals who profit from stealing other people's creative endeavours," he said.

APRA AMCOS CEO Brett Cottle AM, who was involved in a special Senate Committee Hearing to investigate the merits of the Bill, has also welcomed its passing:

“It will give to creative industries a means to fight back, it will assist in changing the behaviour of Australian consumers and, most importantly, it will send a powerful, practical and symbolic message to the artists and creators of Australia. 

“Australia's creative industries have been waiting for a very long time for Parliament to provide an expression of support and respect for their work and their place in the life of the nation."