Digital inquiry: copyright moves win media groups’ backing

Foxtel and Seven West Media have backed the Morrison government's decision to review copyright enforcement tools.

Foxtel chief executive Patrick Delany.

Foxtel and Seven West Media have backed the Morrison government's decision to review copyright enforcement tools, in a bid to get digital giants, including YouTube, to take responsibility for ­unauthorised content posted on their platforms.

The media company and the music industry have lobbied the government to clarify the authorisation liability provisions in the copyright act so it is very clear that the digital platforms are liable for content that is uploaded to their sites by their users.

Foxtel chief executive Patrick Delany welcomed the government’s decision. “It is encouraging that the government and the ACCC have now acknowledged the troves of unauthorised copyright content hosted by digital platforms is a material problem. This is a positive step forward,” he said. “We are pleased the government has decided to do further work to develop an effective solution to what is a significant and growing problem.”

Foxtel will continue to contribute to the government's work, which it hopes will be “undertaken in a timely, efficient manner”, Mr Delany said.

The government said it did not support pursuing a mandatory take-down code managed by the ACMA, noting the concerns of both major copyright owners and users, and the potential unintended effects of a code across a ­diverse copyright market.

“To get the settings right, more data and further consultation with a broader range of copyright stakeholders, digital platforms and consumer groups is needed to ­determine appropriate options for reducing the availability of infringing material on digital platforms,” a government spokes­man said.

The government committed to reviewing copyright enforcement reforms made in 2018, which will take place late next year.

In the meantime, the government said there were “opportunities for copyright owners to continue to enhance their relationships with digital platforms and work to identify where and how improvements could be made to reduce infringing copyright mat­erial and promote access to quality Australian content’’.

Seven chief executive James Warburton said he was dis­appointed with the government's decision to snub the mandatory take-down code recommendation, “but it is pleasing that the government has committed to ­reviewing copyright enforcement mechanisms during 2020”.

Village Roadshow chief executive Graham Burke described the mandatory take-down code proposal as “whack-a-mole”, referring to the carnival redemption game.

Instead, he wants the government to act now on the ACCC’s recommendation to crack down on digital companies.

“The ACCC spent a year doing this inquiry so do what the ACCC recommended — get the platforms to proactively identify and prevent the stuff being online,” Mr Burke said.