10. GARETH HUGHES (Green) to the Minister of Commerce: What steps has the Government taken to prepare the public for the Copyright (Infringing File Sharing) Amendment Act coming into force?
Hon SIMON POWER (Minister of Commerce) : Quite a few. On Wednesday next week the Ministry of Economic Development intends to publish an information pack on its website that explains the regime—the wider copyright and internet safety issues. The associated regulations require that this information pack or a link to access it be included with any notices sent under the new regime. I am advised that both rights owners and non-governmental organisations such as InternetNZ have made, or are intending to make, information available to the public about the new regime. I am also advised that some internet service providers have written to their customers to outline the changes, and I welcome these organisations' proactive stances.
In addition, I note that the new measures have received a lot of coverage in the media, and I have made several press releases—actually, 10—during the course of the development of the legislation.
Gareth Hughes: Given that copyright infringements start counting from tomorrow, why is the Minister launching an information website after the law effectively comes into effect?
Hon SIMON POWER: Because that is the timeliness around the regulation-making process, which I might say has been well signalled for considerable months. There are no surprises about what will emerge on 1 September.
Gareth Hughes: Given that the law comes into effect from tomorrow, why has it been left up to InternetNZ to educate the public or internet service providers about the law and create an educational resource because the Government's website is coming too late?
Hon SIMON POWER: I would not say that it was left up to InternetNZ. In fact, as I said, I welcome InternetNZ's enthusiasm and willingness to help with this public education, but, as I have explained, the Government will be taking a very active role in educating the public on the impact of the Act, not to mention the fact that it has received quite a considerable amount of media coverage in recent times.
Gareth Hughes: Has the Government provided any advice or information about the law to holders of accounts with multiple users such as, schools, public libraries, or this Parliament?
Hon SIMON POWER: Other than the extensive amount of information that is already in the public domain, I am not sure whether that specifically has been done. I will check it out for the member.
Gareth Hughes: Has the Minister or the Government provided schools in New Zealand with the information needed to ensure they can continue to operate within the law, given they as account holders will be liable for all the infringing on their networks?
Hon SIMON POWER: Broadly, I believe so, given that these issues have been in the public domain for some considerable period of time.
Gareth Hughes: The question was: "Has the Minister or the Government done anything". The Minister said that it has been in the media, therefore he does not need to act. Could I ask the question again, Mr Speaker?
Mr SPEAKER: In fairness to the member I will let him ask his question again and I will listen very carefully because I cannot remember his opening words. I am not sure that they were exactly what he just said.
Gareth Hughes: Has the Government or this Minister provided schools with the information needed to ensure they can continue to operate within the law, given they as account holders will be liable for all infringing on their networks?
Hon SIMON POWER: As I said last time, because that was the question that was asked, broadly so, yes, given the information that has been in the media about this issue for some considerable months. That will be added to and refined by way of the specific initiatives that will be launched on, I believe, Wednesday of next week.
Gareth Hughes: What is the Minister's advice to Unitec, which was quoted in yesterday's New Zealand Herald as saying that if it was liable for student copyright breaches it might have no option but to discontinue the provision of internet access to all its library users?
Hon SIMON POWER: I do not give legal advice in any capacity, including my ministerial ones, but any organisation that has specific concerns would probably find it worthwhile to read the legislation and go to the Ministry of Economic Development's website on Wednesday.
Gareth Hughes: What is the Government doing to encourage legal file-sharing or downloading, for example, Netflix?
Hon SIMON POWER: That is a good question because I have no idea what the member is referring to in respect of that second initiative.
Clare Curran: Does he agree that a convergence of the information and communications technology and broadcasting sectors will be crucial in developing new business models that make content more readily available, and illegal downloading unnecessary; if so, what has the Government done to encourage new business models?
Hon SIMON POWER: The last time I looked at the primary question new business models were not exactly within its ambit. What I can say is that there is a lot more certainty in this very difficult area of lawmaking now, and from 1 September, than there has been for all of those months and years prior to that, and under the last Government. I am sure that is the sort of certainty that businesses will look to in order to develop the models that the member refers to.
Gareth Hughes: I raise a point of order, Mr Speaker. I seek your advice on an issue of importance to this House regarding the impact of the new law coming into effect tomorrow, which could leave the Speaker's office liable for infringing by members of Parliament, by staff, by people on our Wi-Fi internet account—
Mr SPEAKER: This is not a point of order. It is not a matter to do with the order of the House. The member can seek guidance from the Parliamentary Service or the Office of the Clerk, but it is not a point of order.
Gareth Hughes: I raise a point of order, Mr Speaker. I seek your consideration on how your office, which is responsible for the running of Parliamentary Service, and therefore responsible for the running of the Parliament internet connection, will deal with this law.
Mr SPEAKER: That is not a point of order to be dealt with in this House in that manner. The member is perfectly welcome to approach me or my office to seek advice on those sorts of things, but it is not a matter for the order of the House.
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