MinLaw proposes blocking websites that infringe copyright laws

MinLaw proposes blocking websites that infringe copyright laws
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Suggested changes to Copyright Act will allow rights holders to directly seek court injunction to prevent access to these sites
Published: 4:12 AM, April 8, 2014
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SINGAPORE — Websites that infringe copyright laws, such as The Pirate Bay, may be blocked by Internet service providers (ISPs) here by the end of the year if proposed amendments to the Copyright Act are approved by Parliament.

In a statement yesterday, the Ministry of Law (MinLaw) said it was proposing changes that would allow rights holders to directly apply to the High Court for injunctions to block sites that “clearly and blatantly infringe copyright without having to sue the ISPs”.

Currently, rights holders can issue a “take-down” notice to ISPs to request that they disable access to or remove copyright-infringing material from their network. If ISPs choose not to comply, rights holders will need to sue them for copyright infringement or seek an injunction against them. But such a mechanism has not been effective.

“The key existing problem is that the ISP has to be sued and shown to be primarily or secondarily liable for copyright infringement, which naturally makes them very uncomfortable,” said Mr Ang Kwee Tiang, Regional Director (Asia) of the International Federation of the Phonographic Industry (IFPI).

“By introducing a no-liability approach, the stigma of infringement is removed, hence encouraging cooperation from the ISPs,” he added.

Still, “no one singular measure is a silver bullet that can effectively curb online piracy”, he said, although the proposed changes are “definitely a step in the correct direction” and will lower the incidence of online piracy here substantially.

The proposed legislation also suggests having a list of factors to help define egregious sites, such as those whose primary purpose is to commit or facilitate copyright infringement.

The changes would target websites that disregard copyright laws, but they would not affect legitimate search engines and content-sharing sites such as Google and YouTube.

MinLaw added that the United Kingdom, Norway and Belgium have adopted similar legislation and issued injunctions for their ISPs to block sites such as The Pirate Bay. A recent report by the IFPI showed that use of the file-sharing site fell by 68 per cent between January 2012 and December last year in countries where access was denied.

Other approaches for Singapore were considered, such as the graduated response system used in France that requires ISPs to cut off Internet access to users after three warnings for accessing copyright-infringing material, but the ministry said such measures would be “too intrusive on Internet users”.

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