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

IP specialists Jonathan Moss and Jessie Bowhill, who worked on cases concerning bitcoin, Ed Sheeran, and the Getty v Stability AI dispute, received the KC nod
Hannah Brown, an active AIPPI member, argues that DEI commitments must be backed up with actions, not just words
A ruling in the Kodak v Fujifilm dispute and a win for Google were among the major recent developments
Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
Gift this article