Copyright Amendment (Online Infringement) Act 2015 (Cth)

Website blocking scheme: Section 115A of the Copyright Act 1968 enables copyright owners to the Federal Court of Australia for an injunction requiring ISPs to disable access to online services hosted outside Australia. Before granting the injunction, the Court must be satisfied that the foreign site either directly infringes copyright  or ‘facilitates’ infringement. Rightsholders bear the onus of showing that the ‘the primary purpose of the online location is to infringe, or to facilitate the infringement of, copyright (whether or not in Australia).’ The Court must take into consideration a range of factors including whether disabling access to the online location is a proportionate response in the circumstances, the impact on any person likely to be affected by the grant of the injunction, and whether it is in the public interest to disable access to the online location. Once granted, the injunction requires the ISP to take reasonable steps to disable access to the online location. The Court has further powers to make detailed orders in relation to the technical means to be adopted by the ISP to disable access. This provision came into force on 30 June 2015.