Copyright (New Technologies) Amendment Act

The Copyright (New Technologies) Amendment Act was finally passed into law on 8 April 2008. There was a major change from the second reading to enactment in respect of ISP provisions. At Select Committee stage the ISP provisions in the Bill had been watered down considerably. In the event the Select Committee’s provisions were not adopted and the Act largely reinstated the original provisions. Under the Act, ISPs must now have a policy that provides for termination, in appropriate circumstances, of the account of a repeat offender. 

The safe harbour provision for storing infringing material applies unless the ISP:

(a)  knows or has reason to believe that the material infringes copyright in the work; and

(b)  does not, as soon as possible after becoming aware of the infringing material, delete the material or prevent access to it.

The Ministry of Economic Development is presently promulgating additional regulations covering the position of ISPs.