Submission on the Copyright (Infringing File Sharing) Bill

The Copyright (Infringing File Sharing) Bill proposed a replacement for Section 92a of the Copyright Act, which would have terminated internet connections in response to alleged copyright infringements.

The Foundation submitted that:

  • termination of internet access is a disproportionate remedy for copyright infringement which affects blind and partially people more than the general population.
  • infringement notices must be made available to print-disabled people in a format which is accessible to them.

Full text of submission

Introduction

This is the Royal New Zealand Foundation of the Blind's submission on the Copyright (Infringing File Sharing) Bill.

The Foundation would like to appear before the Select Committee to make a verbal submission.

Royal New Zealand Foundation of the Blind

The Royal New Zealand Foundation of the Blind (the Foundation) is New Zealand's primary provider of vision-related habilitation and rehabilitation services to blind and partially sighted people. The Foundation's vision is empowering and supporting blind and partially sighted New Zealanders to ensure that they have the same opportunities and choices as everyone else.

Copyright (Infringing File Sharing) Bill

The Foundation welcomes the review of section 92a of the Copyright Act, and the changes included in the Copyright (Infringing File Sharing) Bill. In particular, the Foundation welcomes the move towards a more transparent and standardised court-based process for the enforcement of file sharing which may infringe copyright.

The Foundation fully supports the Bill's intention to protect the rights of copyright owners in relation to digital copies of their material, but considers that protecting copyright should not create additional barriers for blind and partially sighted New Zealanders.

The Foundation submits that:

  • termination of internet access is a disproportionate remedy for copyright infringement which affects blind and partially sighted people more than the general population.
  • infringement notices must be made available to print-disabled people in a format which is accessible to them.

Termination of internet access

One of the Foundation's strategic priorities is supporting an accessible and equitable society by removing barriers to full participation. Many of these barriers relate to information access. Blind and partially sighted people are at a significant disadvantage in a society that still presents most information in a visual format. It is estimated that globally, less than 5% of information available in print is also available in formats accessible to blind and partially sighted people. Because of cost, copyright, format and availability, only a fraction of the accessible information produced is readily available to an individual blind person in New Zealand.

The internet has been hugely liberating for blind and partially sighted people. Internet access reduces social isolation and enables blind and partially sighted people to access a wide range of information in a time-relevant way. Internet access can remove many of the barriers to participation that exist in a society where information is presented in print and other visual formats. Access to information is directly related to independence, community involvement, education, employment, active citizenship and engagement in everyday life.

The internet has removed significant social barriers for blind people, including:

  • Allowing blind New Zealanders to fill in a census form independently and privately.
  • Providing the ability to browse shops and buy groceries online.
  • Providing instant access to news and a wide range of reading materials in accessible formats.

Broadband internet is fast becoming an essential part of modern life. Dr Hamadoun Toure, secretary-general of the International Telecommunication Union (ITU), told BBC News that governments must "regard the internet as basic infrastructure – just like roads, waste and water". For blind people in particular, internet access is an essential tool.

In cases of copyright infringement, remedies should be proportionate to the harm that the copyright holder suffers. The harm caused by non-commercial copying amounts to loss of potential revenue, and fines are a more appropriate remedy than terminating internet access. While the Foundation supports protections for copyright holders, we do not support enforcement measures that include terminating internet connections.

The Foundation submits that remedies for online copyright infringement should not include terminating internet connections.

Infringement notices

The Copyright (Infringing File Sharing) Bill outlines an infringement notice procedure process whereby ISPs issue notices of alleged infringement to account holders.

Section 122(c)4 provides that notices "must be sent by whatever method the ISP uses to communicate with the account holder for billing purposes, unless the account holder and ISP agree in writing to use a different method."

There is currently no requirement in New Zealand law for ISPs to communicate with blind and partially sighted customers in a format which is accessible to them.

An infringement notice is a document of legal significance, and should be provided to the alleged infringer in a format which allows the individual to read and interpret the details independently and privately. For a blind or partially sighted person, this may require providing the notice in an accessible format such as braille, audio or large print. Similarly, other print-disabled New Zealanders (as defined in section 69 of the Copyright Act) may require information to be provided in a format which meets their needs.

The Foundation submits that section 122(c)4 should be extended to require notices to be provided to print-disabled New Zealanders in their preferred accessible format.

Further Information

The Foundation would welcome opportunities to provide more information if required. Please direct any questions to:

Moira Clunie
Insights, Policy & Advocacy Manager
Telephone: +64 9 355 6938
Email: mclunie@rnzfb.org.nz

Royal New Zealand Foundation of the Blind
Private Bag 99941
Newmarket
Auckland