THE MINISTERIAL order on copyright is “simply seeking to ensure Ireland’s continued compliance” with its obligations under EU law, Minister of State Seán Sherlock has said.
In the wake of recent court cases the State was legally exposed and the statutory instrument or order was “merely restating” the existing copyright legislation of 2000.
The Minister, who has responsibility for innovation and research, also said concerns that a ministerial order on copyright mirrors the Stop Online Piracy Act in the United States “are not based on fact”. The US proposals could not be introduced in the EU, where the EU Charter of Fundamental Rights had to be applied.
Mr Sherlock was opening a Dáil debate on the controversial ministerial order he published on copyright, which would allow copyright holders to seek injunctions against those they believed were infringing their copyright.
He said the US proposals would involve blocking access to websites internationally, taking down entire websites for one infringing item, blocking access to websites by US state enforcement without notice and imposing a requirement on internet companies to monitor content. This was in effect “forcing them to self-censor”.
He said the Charter of Fundamental Rights included the right to conduct a business, the right to protection of personal data and the freedom to receive or impart information with the right to intellectual property.
“Proportionality has to come into play here” and “there are certain fundamental rights”, he said.
“If you have one person accessing a site like YouTube and one person is not acting legally, the court would have to have regard to proportionality. Why would an Irish court in an Irish domain shut down a website that has millions and millions of users potentially for the actions of one person?” Fianna Fáil spokesman on innovation Willie O’Dea believed the Government was “abdicating huge responsibility” to judges with the statutory order.
He said he had huge confidence in judges but “this is a matter for parliament not the judiciary and we should be setting down the principles here” in primary legislation.
Sinn Féin communications spokesman Martin Ferris said the debate would be pointless if the Minister went ahead and signed the order anyway.
