Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 300: To ask the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that Ireland has become a safe haven for the unrestricted and unlawful appropriation of copyright works, including digital versions of music, film, game software and books; the steps he will take to deal with the legislative deficiency; and if he will make a statement on the matter. [40811/11]

Seán Sherlock (Cork East, Labour)
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I would point out that Ireland has a strong and robust regime for dealing with copyright infringements whether in the digital environment or otherwise. The Copyright and Related Rights Act 2000 provides a technology-neutral exclusive right for copyright owners to communicate their works through any mode. The Act also contains extensive provisions dealing with infringement of that right or others, whether civil or criminal.

The rights holder may proceed against those who infringe their copyright in a number of ways. For example, in the digital environment, it is an infringement for the person providing facilities (such as an internet service provider) not to remove infringing material when notified by the rights holder. Another remedy allows the rights holder to obtain the identities of alleged infringers, including those involved in illegal file-sharing, from an internet society service provider by means of judicial process. These can then be pursued in the same manner as any other infringers. It should also be borne in mind that the Copyright Act provides for secondary and contributory liability.

In relation to one of the remedies available to rights holders, a High Court judgment has held that, by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and suggested that Ireland did not fully comply with EU law. For the avoidance of doubt, a legislative instrument is being finalised to restate the position that was considered to exist prior to this judgment.

In granting such injunctions the courts must take account of Court of Justice of the European Union judgements. These require that a fair balance be struck between the various fundamental rights protected by the Community legal order and the principle of proportionality. That would include, inter alia, the protection of the fundamental rights of individuals who are affected by such measures, the freedom to conduct a business enjoyed by operators such as Internet Service Providers, the protection of private data and right of freedom of expression and information.

It is expected that this measure will be introduced this month.