The controversial Section 92A of the copyright law, which was due to come into force on February 28, has been put on hold.
Prime Minister John Key has announced it will go on hold until March 27 while work is continued on a voluntary code of practice, otherwise if no agreement can be reached the section will be suspended. The controversial Section 92A of the copyright law, which was due to come into force on February 28, has been put on hold.
Prime Minister John Key has announced it will go on hold until March 27 while work is continued on a voluntary code of practice, otherwise if no agreement can be reached the section will be suspended. Blogs and websites against Section 92A of the Copyright (New Technologies) Amendment Act blacked out their sites on Monday morning.
The Creative Freedom Foundation said the section would have reversed "New Zealander's fundamental right to being presumed innocent until proven guilty, punishing internet users with disconnection based on accusations of copyright infringement without a trial and without evidence held up to court scrutiny."
The Telecommunications Carriers' Forum (TCF) released a statement today welcoming the government's decision to postpone the introduction of s92A of the Copyright Act until the end of March.
"Internet service providers have been working tirelessly to develop a Code of Practice to cover s92A, but despite their best efforts some important detail remains to be resolved," TCF CEO Ralph Chivers said. "Given that s92A has caused considerable public concern, it is important to have complete clarity on how this section of the Act is likely to be implemented. The additional time provides the opportunity to seek that clarity, and ensure that affected parties are fully prepared."
"Recent discussions between the TCF and copyright holders about the content and operation of the Code have been constructive, and it seems likely that we will be able to reach an agreement on all outstanding matters in the near future," Mr Chivers said.
"Importantly, we have agreed in principle that when a dispute arises over whether a copyright infringement has occurred, an independent third-party will be called upon to adjudicate. Our agreement on this matter should allay many of the concerns expressed by members of the public, and paves the way for other issues to be quickly resolved."
The TCF is currently consulting on its draft Code, and welcomes further submissions. "It is critical that we hear from all parties who are affected by, or have an interest in, this important matter," Mr Chivers said.
A copy of the TCF's draft ISP Copyright Code can be obtained from www.tcf.org.nz/copyright.
InternetNZ also welcomed the Government's decision. InternetNZ Executive Director Keith Davidson says the need to delay the implementation of this unworkable section of the law has been clear for weeks.
"New Zealanders can breathe a sigh of relief that their Internet access is no longer under threat due to unproven allegations of copyright infringement. Section 92A still needs to be fully repealed. It is disproportionate and unfit for purpose. But this deferral is a good start.
"The highly visible blackout campaign organised by the Creative Freedom Foundation and its supporters has served to bring the issue into mainstream debates, and we applaud the efforts they have taken," Davidson says.
The Creative Freedom Foundation said thousands of sites were blacked out on Monday morning, including Public Address, Scoop, Kiwiblog, Throng, GeekZone, and Street Talk.
"Internet Blackout Week NZ" started last week on Feb 16 to 23 with blacked out photos on Twitter, Facebook and other social networking sites. It has also drawn international support with actor, comedian and author Stephen Fry blacking out his twitter profile. On Thursday last week, about 200 people protested at Parliament and presented an online petition, signed by 10,000 people, to United Future leader Peter Dunne.
The law was passed in 2008 by the previous Government. The clause was originally removed by a select committee but was re-inserted by the minister in charge of the legislation, Judith Tizard, when it returned to the house.
The draft ISP Copyright Code was released on February 4 by the Telecommunications Carriers' Forum (TCF). Submissions are due by 5pm, 6 March 2009.
TCF said the Copyright Act was amended in 2008 to include s92A which requires Internet Service Providers to have a policy to terminate the accounts of repeat copyright infringers in appropriate circumstances.
Chivers said the Draft Code is intended to be a template policy for ISPs, to assist them in meeting their obligations under the Act.
RIANZ and APRA have been engaged in dialogue with the TCF about the draft code.
APRA's Director for New Zealand Operations, Anthony Healey said last week: "We recognize that ongoing public discussion has identified some concern regarding the content and operation of a code, particularly with regard to a user's right to object to a notice of infringement.
"Contrary to reports and concerns we have never been opposed to the idea of an independent third party considering objections and adjudicating where necessary. We are not opposed to this approach provided the process is fair and timely. This is one of the issues we have been discussing with the TCF this week."
APRA and RIANZ said in a joint statement that online copyright infringement is doing serious harm to the creative industries in New Zealand and around the world. 'For example, it is estimated that 19 out of every 20 downloaded songs infringe copyright. No legitimate business model can compete with that scale of infringement and loss and nor should it. At the same time we recognize that any process established to deal with this infringing activity must be reasonable and fair.'
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23/02/09