Hi Andrew Martin. Having consulted extensively with Australian artists, musicians, filmmakers and others involved in our creative industries, as well as with consumer groups, Labor believes that action is needed to reduce current levels of online piracy in Australia. The enforcement of copyright law is vital to our creative industries. Online piracy damages our economy and destroys Australian jobs.
This Bill plays a part in addressing the problem of online piracy, but includes safeguards to ensure the new measures will not have unintended consequences for legitimate internet activities. The Bill allows the Federal Court to require Australian ISPs to block a website hosted overseas if the Court is satisfied that the websites primary purpose is to infringe copyright or facilitate the infringement of copyright. The Bill makes it clear that this power is not to be used lightly, and is directed at the worst offshore piracy websites sites which deliberately and flagrantly violate copyright.
The Bill does not provide for any sort of internet filter. Artists and their representatives will have to go to the Federal Court, on a case-by-case basis, and convince the Court that an order should be made. If these were Australian websites, they would be able to be taken down through the normal operation of our copyright law.
Labor closely scrutinised the provisions of the Bill in the Senate Legal and Constitutional Affairs Committee to ensure the Bill would not restrict legitimate internet activities. Labor does not support the use of site-blocking against Virtual Private Network (VPN) services and we have made sure that this Bill does not allow for VPNs to be blocked. We are satisfied that VPNs, which have a range of legitimate uses, would not meet the primary purpose test required by the Bill. However, to avoid any doubt, we have asked the Government to revise the Bills Explanatory Memorandum to make this clear.
Labor understands the concerns that some people have about these new laws, but we are confident that the Bill strikes the right balance.