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Due process?

Film studios to become ‘police, judge, executioner’: Australia’s third largest ISP is being sued by several film studios and the Seven Network for enabling copyright infringement by failing to prevent its users from downloading pirated movies and TV shows.

iiNet, and the industry body, the Internet Industry Association, say ISPs should not be required to take action against any customers until they have been found guilty of an offence by the courts.

ISPs argue that, like Australia Post with letters, they are just providing a service and should not be forced to become copyright police.

Conversely, the TV and movie industry want ISPs to disconnect people it has identified as repeat infringers. There would be no involvement from police or the courts and the industry would simply provide the IP addresses of users they believe to be illegal downloaders.

“To shift the burden of proof and require that ISPs terminate access to users upon mere allegations of infringement would be incredibly harmful to individual internet users in Australia,” the online users lobby group Electronic Frontiers Australia said.

“Every citizen has a right of due process under the law and, when faced with having their internet service terminated, every citizen has the right to ask that the case against them be proven first.”

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