In the wake of widespread online and physical protests at impending copyright legislation, New Zealand Prime Minister John Key has announced a month's delay in the rules to give the industry time to come up with a workable solution.
In the wake of widespread online and physical protests at impending copyright legislation, New Zealand Prime Minister John Key has announced a month's delay in the rules to give the industry time to come up with a workable solution.
Known as Section 92A, the amendment to the country's Copyright Act aimed to strengthen the rights of
holders of copywrited material, but New Zealand's online community
was angered at provisions it said forced ISPs to block websites
simply on the demand of the copyright holder.
We are encouraged to see National listen to the New Zealand
public.
Bronwyn Holloway-Smith, CFA director
The legislation, due to come into effect on February 28, had
been inherited by the recently-elected centre-right National-led
government from the former Helen Clark Labour admistration.
But at 4pm in Wellington, Key told a post-cabinet meeting
press conference that the implementation of the controversial
clause of the copyright legislation would be delayed until March
27. "We are hoping that by that time we will have come up with a
voluntary code of practice," he said.
If no agreement is reached, Section 92A will be suspended.
A spokesperson for Key told ZDNet.com.au that there had
been much concern about Section 92, which led the government to look
at the matter and try and seek a solution.
Bronwyn Holloway-Smith, director of the Creative Freedom
Foundation, which formed in 2008 to fight the impending
legislation, called the announcement "a step in the right
direction". "We are encouraged to see National listen to the New Zealand
public. It's really encouraging," she said.
Holloway-Smith said the delay meant there was time to address
certain aspects of the bill and the Telecommunications Carriers
Forum, representing ISPs, could still receive submissions on the
issue by March 6.
The government move also represents a success for online
campaigns, as the issue hadn't been covered much in the mainstream media
until the bloggers came on board. "It's a real sign of the times. As a grassroots organisation,
it's been amazing to see how successful an online campaign can be,
to get the message through and inform the public," Holloway-Smith added.
It's been amazing to see how successful an online campaign can be, to get the message through and inform the public
Bronwyn Holloway-Smith, CFA director
Well-known media commentator David Farrar of Kiwiblog said S92
was wrong because it had been rejected by a parliamentary select
committee and was reinserted at the last minute when people thought
the matter had been resolved.
It was badly worded, so was unclear, and there was a concern
that due to high court costs that a mere accusation from copyright
holders would be enough to see ISPs remove material, he said. "The TCF has a draft a code rights-holders don't like. The ball
bounces with the rights-holders. It still won't be as good as not
having the law, but it will provide certainty."
Farrar, who helped use his blog to campaign against electoral
finance legislation imposed by the former Labour government, which
was axed by National this month, agrees online campaigning had an
effect.
"I don't think there are many issues you would get every political
blog agreeing. If only Labour had backed down on the Electoral
Finance Act! You have to give the (National) government credit for
acting so quickly," he said.