Copyright Holders Want ISPs to Police Pirate Sites and Issue Warnings

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Copyright holders have asked South African lawmakers to include tough anti-piracy measures in the upcoming Cybercrimes and Cybersecurity Bill. Among other things, they want ISPs to police pirate sites and send warnings to copyright-infringing subscribers. For now, however, the Government doesn't plan to include any, as this doesn't fit the purpose of the bill.

Online piracy is a worldwide phenomenon and increasingly it ends up on the desks of lawmakers everywhere.

Frustrated by the ever-evolving piracy landscape, copyright holders are calling on local authorities to help out.

This is also the case in South Africa at the moment, where the Government is finalizing a new Cybercrimes and Cybersecurity Bill.

Responding to a call for comments, anti-piracy group SAFACT, film producers, and local broadcaster M-Net seized the opportunity to weigh in with some suggestions. Writing to the Department of Justice and Constitutional Development, they ask for measures to make it easier to block pirate sites and warn copyright infringers.

“A balanced approach to address the massive copyright infringement on the Internet is necessary,” they say.

On the site-blocking front, the copyright holder representatives suggest an EU-style amendment that would allow for injunctions against ISPs to bar access to pirate sites.

“It is suggested that South Africa should consider adopting technology-neutral ‘no fault’ enforcement legislation that would enable intermediaries to take action against online infringements, in line with Article 8.3 of the EU Copyright Directive (2001/29/EC), which addresses copyright infringement through site blocking,” it reads.

Request and response (via Business Tech)

In addition, ISPs should also be obliged to take further measures to deter piracy. New legislation should require providers to “police” unauthorized file-sharing and streaming sites, and warn subscribers who are caught pirating.

“Obligations should be imposed on ISPs to co-operate with rights-holders and Government to police illegal filesharing or streaming websites and to issue warnings to end-users identified as engaging in illegal file-sharing and to block infringing content,” the rightsholders say.

The demands were made public by the Department recently, which also included an official response from the Government. While the suggestions are not dismissed based on their content, they don’t fit the purpose of the legislation.

“The Bill does not deal with copyright infringements. These aspects must be dealt with in terms of copyright-related legislation,” the Department writes.

SAFACT, the filmmakers, and M-Net are not without options though. The Government points out that the new Copyright Amendment Bill, which was introduced recently, would be a better fit for these asks. So it’s likely that they will try again.

This doesn’t mean that any of the proposed language will be adopted, of course. However, now that the demands are on the table, South Africans are likely to hear more blocking and warning chatter in the near future.

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