The Australian communications industry body, the Communications Alliance, has released a draft Code of Conduct providing a ‘three strikes’ system for notification of online copyright infringements.

The key provisions of the procedure set out in the draft Code are:

• a Rights Holder adopts a process for detection of online copyright infringements;
• the detection process is audited and certified by an independent Certification Body to be one that “will give reasonable grounds to believe” that a person has used an ISP’s service to infringe copyright;
• a Rights Holder sends a report of infringement detected by the certified process to the relevant ISP;
• each time an infringement report is received, the ISP will send a notice to the Account Holder of the account used to infringe copyright;
• the first notice will be an Education Notice, the second notice will be a Warning Notice, and the third notice will be a Final Notice;
• an Account Holder who has received a Final Notice may challenge it before an Adjudication Panel;
• a Rights Holder may request an ISP to provide a list stating the number, and the IP addresses, of Account Holders who have received a Final Notice;
• based on the information by provided by the ISP, a Rights Holder may apply to a Federal court or tribunal for an order that the ISP disclose the identity of an Account Holder who has received a Final Notice;
• the ISP will comply with any court order requiring disclosure of an Account Holder’s identity.

The draft Code was prepared by the Communications Alliance with input from Rights Holder organisations, but is not a final agreed position. Discussions continue with those organisations.

The draft Code has been published to allow a 30 day Public Comment period.