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New Zealand File-Sharing Bill Passed into Law
Source: futuregov.asia
Source Date: Monday, April 25, 2011
Focus: Electronic and Mobile Government, Citizen Engagement, Internet Governance
Country: New Zealand
Created: Apr 25, 2011


A bill that puts in place a three-notice regime to deter illegal file sharing has just been passed in Parliament.

The Copyright (Infringing File Sharing) Amendment Bill repeals Section 92A of the Copyright Act and replaces it with a new process to deal with online copyright infringements, said Commerce Minister Simon Power in an official statement.

The bill includes a power for a district court to suspend an internet account for up to six months, in appropriate circumstances. However, this element of the legislation will not be brought into force unless the notice process and the remedies by the Copyright Tribunal are ineffective.

The three-notice regime involves ISPs sending warning notices to their customers informing them they may have infringed copyright. The legislation also extends the jurisdiction of the Copyright Tribunal so it provides an efficient, low-cost process to hear illegal file-sharing claims. The tribunal will be able to make awards of up to $15,000 based on damage sustained by the copyright owner.

“Online copyright infringement has been damaging for the creative industry, which has experienced significant declines in revenue as file sharing has become more prevalent. This legislation will discourage illegal file sharing and provide more effective measures to help our creative industries enforce their copyright” he said.

Power added that the regime will be effective starting on the 1st of September 2011.
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