Hanafin has no plan for copyright legislation

MINISTER FOR Enterprise Mary Hanafin yesterday quashed rumours that she was planning to rush through a statutory instrument relating…

MINISTER FOR Enterprise Mary Hanafin yesterday quashed rumours that she was planning to rush through a statutory instrument relating to copyright issues before leaving office.

Earlier, former minister for communication Eamon Ryan said he believed a “new law on internet downloads” was awaiting Ms Hanafin’s signature.

“It looks like they’re legislating for the ‘three strikes and you’re out rule’ in the last days of the administration,” he said, referring to the policy implemented by Eircom whereby an internet service provider issues a number of warnings to subscribers found infringing copyright before disconnecting them.

However, in a statement issued yesterday afternoon, Ms Hanafin said there was no question that she would rush through legislative changes.

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“There is absolutely no truth in the rumour circulating in the media that I am about to sign a statutory instrument relating to the Copyright and Related Rights Act 2000 and/or the EU Copyright Directive 2001,” she said.

Last November, the High Court ruled that UPC was not liable for a customer’s illegal downloading. The case was brought by an alliance of music labels.

However, the judge said a gap in legislation meant Ireland was not complying with European law, as disconnections in relation to illegal downloads could not be enforced.

On Wednesday, a Department of Enterprise spokeswoman said as a result of the UPC judgment, it was working on ensuring Ireland complied with European law “as soon as possible”.

Ms Hanafin said yesterday that consultations with the Attorney General’s office and the Department of Communications to address the question of Ireland’s compliance have not concluded.

“It would be normal practice within the Department of Enterprise. . . to consult all the relevant stakeholders in advance of legislation such as this being enacted,” she added.

“I would expect that this consultation will take place when the department and the new minister have a clearer view of the best way forward on this issue,” she said.

Mr Ryan had warned in his statement yesterday that an “overly legalistic approach” to internet freedom and copyright would threaten growth in the €25 billion digitally traded sector which employs over 73,000 people.

“The Government cannot perform this legislative sleight of hand on the eve of polling,” he said.

“It would be a slapdash response that could jeopardise jobs and our future recovery.”

Ronan Lupton, chairman of Alto, the body which represents alternative telecoms suppliers, said he supported Mr Ryan’s position.