New Zealand proposes a three-strikes regime

Commerce minister Simon Power has proposed an amendment to New-Zealand’s copyright law that would provide enforcers more means to act against repeating file sharers. The bill, entitled Copyright (Infringing File Sharing) Amendment, proposes a three strikes regime where file sharers are warned three times and, when refusing to change their behaviour, will be sanctioned with a fine of up to 15.000 New Zealand dollars or a temporary suspension of their Internet connection.

The bill suggests the creation of a Tribunal in case of fines. When rights holders petition for suspension of Internet connections, the case will be tried by a District court.

In a press release, Power says: “This amendment puts in place a fair and balanced process to deal with online copyright infringements occurring via file sharing. The major feature is the three-notice process, which educates the public about illegal file sharing and provides effective methods for copyright owners to enforce their copyright. It ensures that file sharers are given adequate warnings that unauthorized sharing of copyright works is illegal.”

The bill improves the current section 92A, according to which ISPs are tasked with judging who’s connection will be terminated. Digital rights group Creative Freedom Foundation names the change an improvement. “The role of judge has now been moved back to the justice system, and the newly repurposed Copyright Tribunal who are actually qualified to understand copyright law,” the head of CFF, Bronwyn Holloway-Smith says in a reaction on Zeropaid.

However, she still protests to the notion of connection termination. “The Internet has become a core, vital service – you wouldn’t terminate someone’s right to post a letter”.

5 March 2010