Stand up against "Guilt Upon Accusation" for New Zealand

Wellington Feb 17 NZPA - There is growing unrest about new copyright laws applying to the internet from the end of February.

Many in the internet and technology sector are concerned that internet service providers (ISPs) will be required to remove material from the internet if someone accuses them of copyright infringement.

If material is not removed the website accused of a breach is meant to be closed down.

The internet community is buzzing with a "blackout" campaign against what is being called "Guilt upon Accusation" laws.

As part of the campaign websites, blogs and social network accounts are blacking out part of their content -- mainly photographs -- to show their opposition to the law.

One of the backers of the campaign, Creative Freedom Foundation director Bronwyn Holloway-Smith said section 92a of the Copyright Amendment Act coming into force from February 28 was a breach of basic rights.

"The controversial law reverses New Zealander's fundamental right to being presumed innocent until proven guilty, punishing internet users with disconnection based on accusations of copyright infringement without a trial and without evidence held up to court scrutiny, Ms Holloway-Smith said.

A week of protest was underway on the internet and had already gained the support of thousands of people including British actor and author Stephen Fry.

A number of blog sites have also discussed more direct action such as information specialists withdrawing their services or even allowing computer systems to fall over.

Ms Holloway-Smith said the protest would culminate on February 23 with blogs and websites "dimming their lights" as a means of drawing attention to the issue.

The law was passed by the previous government in the pre-election legislative rush.

The offending clause has been removed by a select committee, but was re-inserted by the then responsible minister Judith Tizard when the bill returned to the House.

It was supported by all parties with the exception of the Greens and the Maori Party, though since then a number of MPs have expressed concern about the clause.

Those promoting the clause say it will effectively police widespread copyright abuse on the internet.

Its opponents argue that ISPs may have to close down sites even if the complaint is malicious.

Ms Holloway-Smith said similar laws had been rejected in Europe as being unfair, impractical and complex.

She suggested a Copyright Court be set up, similar to the Disputes Tribunal, to sort out copyright disputes.

All ISPs are required by the law to have a policy in place relating to section 92a by the end of the month.

More information: creativefreedom.org.nz