Hanafin will not rush copyright changes

Minister for Enterprise Mary Hanafin has insisted that she does not intend to change Ireland’s copyright laws before leaving office.

The Department of Enterprise, Trade and Innovation yesterday said “the very serious question as to whether Ireland is fully in compliance with its obligations under European law” was being considered in light of a High Court ruling last year in favour of internet service provider UPC.

The court said in November that UPC and other providers were not liable for a customer’s illegal downloading. The case was brought by an alliance of music labels.

The ruling noted a gap in legislation meant Ireland was not complying with European law, as disconnections in relation to illegal downloads could not be enforced.

A department spokeswoman said that as a result of the UPC judgment, it was working on ensuring Ireland complied with European law “as soon as possible”.

Legal sources said it would be possible for the Government to rush through a statutory instrument to give effect to European law before it leaves power on March 9th.

But Ms Hanafin said her department's discussions with the Attorney General’s Office and the Department of Communications to address the question raised in regard to Ireland’s compliance with the EU Copyright Directive were not yet complete.

“These consultations have not concluded and there is no question of legislation being rushed through by me as the responsible minister,” she said.

Ms Hanafin said it would be normal practice for the department to consult relevant stakeholders in advance of legislation being enacted but that she would “expect that this consultation will take place when the department and the new minister have a clearer view of the best way forward on this issue.”

Eircom has continued operating its “three-strike” policy in relation to illegal downloading by customers, despite UPC’s court victory. It was introduced following an out of court settlement with the same record companies a year earlier.