Australia: ISPs forced to block torrenting sites

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: ISPs forced to block torrenting sites

In a first for Australia, our courts have ordered ISPs to block the websites of a number of torrenting sites. In Roadshow Films Pty Ltd v Telstra Corporation Ltd [2016] FCA 1503, Justice Nicholas ordered a collection of ISPs to block the websites of a number of well-known bittorrenting sites. The sites included in the blocking order are The Pirate Bay, Torrentz, TorrentHound, IsoHunt and SolarMovie.

The judge also put in place a mechanism for allowing the orders to be extended to other domains, in order to overcome the actions of infringing websites in constantly changing their URL addresses. However, this did not include allowing the copyright owners the ability to block sites without court approval.

The orders were made under the new provisions directed to blatant infringement under S115A of the Copyright Act 1968 (Cth), which was inserted into the Act in June 2015.

While the orders may help in blocking the inexperienced user from downloading illegal material, the legal solution may be more symbolic than practical and may not stop ISP customers from bittorrenting material in breach of copyright. For example, the use of virtual private networks (VPNs) is likely to easily circumvent the orders. In addition global DNS servers can also be used to overcome any ISP blocking.

Of course, having the courts mandating website blocking has led to opponents calling this the first step to implementing a Great Australian Firewall in breach of civil liberties.

Peter Treloar



Shelston IP

Level 21, 60 Margaret Street

Sydney NSW 2000, Australia

Tel: +61 2 9777 1111

Fax: +61 2 9241 4666

email@shelstonip.com

www.shelstonip.com

more from across site and SHARED ros bottom lb

More from across our site

Via Licensing Alliance continues its China push as another smartphone manufacturer joins patent pool as licensee
Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Women are entering the IP profession, but still too few are being trusted with the clients, cases, and credit that may open the path to leadership
In other news, Australia’s IP office has announced expanded search options, and an EPO report shed light on slow progress relating to women inventors in Europe
Managing IP speaks with up-and-coming women lawyers at five law firms about fighting imposter syndrome, maintaining work-life balance and why real representation matters
Kilpatrick’s managing partner for San Francisco discusses taking the longer route to partnership, the importance of female mentors, and strengthening office culture
Home-working and grace periods at IP offices have been announced, while Managing IP understands Iran’s IP office is out of service
With INTA 2026 just two months away, London-based IP practitioners offer tips on making the most out of the city
New platform, which covers SEPs for the Wi-Fi 6 and Wi-Fi 7 standards, includes 10 patent owners
The Texas-based IP litigation hires take King & Spalding’s partner appointments from pre-merger Winston & Strawn up to 12 this year
Gift this article