New Zealand Ministry of Commerce proposes the suspension of Internet access as a penalty for illegal peer- to-peer file sharing

A paper entitled “Illegal peer-to-peer file sharing” was released to the public by New Zealand Ministry of Commerce on December 16, 2009. The document contains propositions of new measures to pursue repeat online copyright infringers. Suspension of Internet access of repeat infringers is presented as an appropriate solution to tackle online piracy.

The document drafted by the New Zealand Ministry of Commerce makes recommendations for amendments to the Copyright Act 1994, with the objectives to seek ways of addressing online copyright infringements through peer-to-peer file sharing.

The three key proposed measures are the following:

• Copyright holders will be able to issue notices to peer-to-peer copyright infringers via Internet service providers. A first notice would be educational, the second a cease and desist notice, and the third an advisory notice informing the account holder that there have been three or more infringements;
• If the account holder continues to infringe, and provided that three infringements have occurred within 9 months, the right holder will be able to lodge a complaint with the Copyright Tribunal;
• Remedies available to the courts to address repeated peer-to-peer copyright infringements will be extended in order to include suspension of an Internet account for up to 6 months.

The Ministry proposes that a Bill should be introduced into Parliament by the end of February 2010.

View the “Illegal peer-to-peer file sharing” paper

• 01-02-2010