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06 Mar 2019 | Submissions

Response to the preliminary report of the ACCC Digital Platforms Inquiry

The ACCC's proposal for a mandatory takedown system for digital platforms should be accommodated by extending the existing safe harbour system rather than introducing a new, separate scheme.

In response to the preliminary report of the ACCC Digital Platforms inquiry the ADA’s submission is primarily focused on the proposed recommendation to introduce a mandatory takedown system for digital platforms. We agree that Australia would benefit from a standardised takedown system for the removal of copyright infringing content posted by third parties to digital platforms but such a scheme should be introduced through extending the well established safe harbour system to include all platforms to which the mandatory standards would apply.

We therefore recommend the ACCC follow previous government reports, most notably that of the Productivity Commission’s Intellectual Property Inquiry, by recommending that the existing safe harbour system be extended to all service providers, and that a relevant code be created under that scheme to deal with any concerns the ACCC believes would remain outstanding.

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