On 26th March, the controversial Copyright Amendment (Online Infringement) Bill 2015 (the Bill) was introduced into the lower house. This Bill will amend the Copyright Act 1968 (Cth) to allow the owner of copyright to apply to block overseas websites used for downloading and uploading copyright infringing content. Content owners will not be restricted in the number of websites they can request be blocked in one injunction. The Bill also does not dictate how a website should be blocked and contains no mention of compensation for service providers required to comply with the legislation.
The Court, in determining whether to grant an injunction requiring a service provider to take reasonable steps to block the site, is to take into account matters such as the flagrancy of the infringement (or the flagrancy of facilitating the infringement) and whether blocking the site is a proportionate response in the circumstances.