The return of s92A

The Dom Post reports that the Government’s review of s92A has been restricted to finding a better process to terminate Internet accounts of copyright infringers, rather than allow a debate on whether termination of Internet access should be a legislated penalty.

It is distressing that the Government is pushing on with such a controversial provision, when the rest of the world is rejecting it. The French Constitutional Court just threw out a similiar French law as unconstitutional.

Child pornography is a far more henious problem than copyright infrngement, but Parliament does not have a law stating that people convicted of child pornography must lose their Internet account.

Run an online fraud, and you will not lose your Internet account – you will just be punished for the actual offending.

Telecommunications Carriers Forum independent chair Richard Westlake says it is disappointed a promised review of the law and its implications has not occurred. “There’s been nothing said or seen which would imply that level of broader consultation and re- thinking has taken place or is in place. There is a working group but we’re concerned the issue has been pre-judged.”

Richard Westlake is correct. The review has been given narrow terms of reference – to come up with a termination model. It is not allowed to come up with a model that does not include termination of Internet access.

Labour’s Clare Curran says:

Terminating internet accounts is a major point of contention. Financial penalties would likely be more effective, she says.

And Clare is correct on this point. No one at all is advocating there should be no penalty for copyright infringers. But the penalty should be a fine that matches or exceeds the value of the infringed material.

Judith Tizard was rightfully blamed for the original s92A. If the Government comes up with a new version that is not much of an improvement, then they will be the ones blamed.

What would be useful is for the Government to clearly state that they are open to solutions that do not involved termination of Internet accounts.