Australia ISP group releases draft user warning policy

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Australia ISP group releases draft user warning policy

Australia’s Communications Alliance is seeking public comments on its draft code of conduct for a warning system to combat online infringement

According to a Communications Alliance press release, a “broad alliance” of rights holders were involved in the draft code, including APRA AMCOS, ARIA, News Corporation Australia and Village Roadshow.

The warning system described in the code of conduct would obligate participating internet service providers (ISPs) to send notices to account holders who are suspected of having downloaded infringing materials.

Under the code of conduct, rights holders can issue infringement reports in an agreed upon format to ISPs. The ISP would verify information such as IP addresses and forward the notices to the account holder. The notices will be in a standardised format and contain standardised language and information, such as the possibility of rights holders seeking court action and initiating facilitated preliminary discovery proceedings against the account holder after receiving the third notice within a 12-month period.

Account holders will receive three types of notices for each instance of suspected infringement. On the first occurrence, the account holder will receive an education notice, advising the user of the suspected infringement and links to information such as how to access legitimate content and how to avoid committing infringing acts. If a rights holder reports another infringing act, the ISP, after verifying the required information, will send the account holder a warning notice again notifying the account holder of the suspected infringing activity.

On the third case, the ISP will send a final notice to the account holder, which in addition to informing the account holder of the infringing activity, also alerts the account holder that the rights holder may now initiate court proceedings. It also lets the account holder know that it has the option to seek a review of the instances of alleged infringement.

After the final notice, the ISP will try to secure acknowledgement of the account holder of the final notice.

There will be a 14-day grace period after the issuance of the education and warning notices; for example, if the same account registers another alleged infringing act seven days after the education notice is issued, there will not be a warning notice based on that second act.

Rights holders and ISPs in Australia have been in discussions about the responsibility of ISPs for infringing activities that take place on their networks. The power dynamics of the discussion shifted in 2012, when the Australian Supreme found that iiNET did not authorise users’ infringement despite not acting on notices of infringement from copyright holders. Speaking to Managing IP later that year, John Stanton of the Communications Alliance said that ISPs were interested in an industry-backed scheme rather than legislation. He also said that Communications Alliance members were against punitive measures, such as disconnection of offending users, though he also noted that rights holders seemed to largely have backed off from that demand.

The draft code of conduct seems to reflect some of these concerns. In addition to having no provisions for throttling download speeds or disconnecting users, the draft also stresses that no information identifying account holders will not be given to rights holders absent a court order.

Comments may be submitted to the Communications Alliance here until March 23.

more from across site and SHARED ros bottom lb

More from across our site

After two decades at Kass International, Geetha Kandiah discusses the lessons that shaped her career, building an inclusive regional firm, and AI opportunities
Manisha Singh of LexOrbis discusses the need for commercial alignment with clients and why IP lawyers need to have curiosity at their core
As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
With patent filings stagnant, fewer clients litigating and market consolidation at play, Canadian firms are considering how to challenge the established players
IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
After bringing on board three new partners, the recently merged firm has its eyes on breaking into the top-flight of firms for patent disputes and ITC litigation
While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Gift this article