New Aussie Bill Gives ISPs DMCA-Like Restrictions

SYDNEY — Australian Internet service providers may be forced to deal with Digital Millennium Copyright Act-style take-down notices in the near future if a bill tabled in the Australian senate today is approved.

Designed to align Australian intellectual property laws with U.S. laws as part of the impending free trade agreement between the two countries, the new bill would still provide access to some local “safe harbor” rules for Aussie ISPs, but also open the providers up to take-down notices if copyrighted are posted by customers.

The “safe harbor” rules could be used by ISPs that do not receive any type of financial benefit directly from the infringement, according to a spokesperson for Australian Attorney-General Philip Ruddock.

“The bill will also make it clear that ISPs cannot take advantage of the scheme if they know about a copyright infringement and do not expeditiously remove the infringing material,” the spokesperson told News.com.au, but also pointed out that ISPs would not be required to monitor their networks for possible infringements.

“This is a technical bill that does not involve a change in policy or a change in the FTA,” said the spokesperson. “But if an ISP knows, or becomes aware of, infringing material and does not remove it, then the ISP will not have recourse to the safe harbour limits on remedies available to copyright owners.”

The effect of the new bill would be that Australian ISPs would have limited liability until their received a take-down notice, at which point their would be forced to comply or be labeled infringers themselves, just like their U.S. counterparts under the DMCA.

: The new bill was met with concern by Australian ISPs, who feel that it might place undue burden on them.

“[U.S. ISPs are] receiving hundreds of thousands of computer-generated take-down notices, many of which are spurious,” an Optus spokesperson told News.com.au. “We are concerned that the current proposals do not adequately protect against this in the Australian context.”

According to Charles Britton, information technology adviser to the Australian Consumers’ Association, the new policy causes ISPs to take a host of new duties besides simply providing Internet service for their customers.

“[The bill] turns the ISP into a policeman of other people’s copyright, solely based on some sort of assertion of ownership,” said Britton, who described the take-down notices as “a recipe for disaster.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

'Neon Nightswim' Party Returns to XBIZ Miami

XBIZ is pleased to announce that the annual Neon Nightswim Pool Party will once again illuminate XBIZ Miami on Tuesday, May 20.

FSC Addresses UK Age Verification Guidelines

The Free Speech Coalition (FSC) has published an article offering guidance on the U.K.'s Online Safety Act and the various guidelines put forward by the country's telecommunications regulator Ofcom.The article follows:

European Commission Posts AV Guidelines, Seeks Feedback

The European Commission has made public its draft guidelines on protecting minors online under the Digital Services Act, including age verification requirements covering adult sites and platforms.

'White-Hot' Party Set to Kick Off XBIZ Miami

XBIZ is pleased to announce that the annual White-Hot Party, the official opening bash of XBIZ Miami, is set for Monday, May 19, at Mynt Lounge in South Beach.

AEBN Publishes Popular Searches for March, April

AEBN has announced the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Takedown Piracy Adds 'Search Max' Feature

Takedown Piracy has launched Search Max, a search engine for detecting, verifying, and removing Google infringements.

Sex Workers' Group Fights Proposed Swedish Ban on 'Remote' Sexual Services

The European Sex Workers’ Rights Alliance (ESWA) has launched a campaign against a Swedish government proposal to expand current laws against purchasing sexual services to apply to acts performed remotely by cammers, streamers and custom content creators.

FSC: Arizona Governor Signs Controversial Age Verification Law

Free Speech Coalition has released a statement regarding Arizona Governor Katie Hobbs signing the state's age verification bill into law.

NCOSE Sues 4 Adult Websites Under Kansas Age Verification Law

The National Center on Sexual Exploitation (NCOSE), a conservative anti-pornography organization, has sued four adult websites in Kansas under the state's age verification law.

Sarina Havok, Robin Coffins Launch New Site Through Grooby's Blue.xxx

Sarina Havok and Robin Coffins have launched their new membership site, SarinaAndRobin.com, through Grooby's website management company Blue.xxx.

Show More