THE OUTGOING Government is considering putting through amendments to Ireland’s copyright regime before it leaves office to ensure the State is compliant with European legislation.
Last November, UPC, an internet service provider (ISP), scored a victory over several music labels when the High Court ruled ISPs were not liable for a customer’s illegal downloading.
However, the judge noted a gap in legislation meant Ireland was not complying with European law, as disconnections in relation to illegal downloads could not be enforced.
The Department of Enterprise, Trade and Innovation confirmed yesterday that in the wake of the UPC case, “the very serious question as to whether Ireland is fully in compliance with its obligations under European law is being considered carefully”.
The advice of the Attorney General has been sought and consultations are ongoing with the Department of Communications, Energy and Natural Resources.
“It may be necessary, for the avoidance of doubt, to introduce measures clarifying Ireland’s position under the copyright directive (2001/29/EC) in relation to injunctions,” the department said in a statement yesterday.
A spokeswoman for the department declined to comment on industry speculation that a statutory instrument was being drafted that would give judges the power to grant an injunction against an ISP in relation to subscribers accessing materials that infringed copyright over that provider’s network.
She said that as a result of the UPC judgment, the department was working on ensuring Ireland complied with European law “as soon as possible”.
According to legal sources, it would be possible for the Government to rush through a statutory instrument to give effect to European law before it leaves power on March 9th.
Any such change to Irish legislation would then be binding on a new government, unless it were repealed.
UPC said yesterday it would challenge any such statutory instrument.
Paul Durrant, general manager of the Internet Service Providers Association of Ireland, said his organisation had not been consulted on any proposed changes to Ireland’s copyright legislation.
“We are taken aback that there are rumours that something like this is being put through at the eleventh hour, without appropriate consultation with industry on matters that affect the perception of Ireland as a place for doing electronic commerce . . . in the digital age and attracting inward investment,” Mr Durrant said.
Eircom has continued operating its “three-strike” policy in relation to illegal downloading by customers, despite UPC’s court victory. Eircom declined to comment on yesterday’s developments.
