Understanding Online Copyright Infringement Under the Cybercrime Code Act 2016: A Comprehensive Guide

In the digital age, the unauthorized use and distribution of copyrighted material have become significant issues. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including online copyright infringement. Section 28 of this Act provides detailed provisions on the unlawful use of electronic systems or devices to infringe upon copyright protected materials.

What Constitutes Online Copyright Infringement?

Section 28 of the Cybercrime Code Act 2016 defines online copyright infringement as the intentional and unauthorized use of an electronic system or device to repeatedly infringe, authorize the infringement of, or facilitate the infringement of copyright protected rights under the Copyright and Neighboring Rights Act 2000 or other relevant copyright laws.

Key Actions Constituting Online Copyright Infringement

Online copyright infringement includes:

1. Infringing Copyright: Directly violating copyright laws by using or distributing protected material without authorization.
2. Authorizing Infringement: Allowing or enabling others to infringe copyright laws.
3. Facilitating or Enabling Infringement: Assisting in the infringement of copyright, such as providing platforms or tools for unauthorized distribution.

Examples

Online copyright infringement involves the unauthorized use or distribution of copyrighted material over the internet. Here are two examples:

Illegal Music Download Sites: A website offers free downloads of popular songs and albums without obtaining the necessary permissions from the artists or record labels. Users can easily access and download copyrighted music files without paying for them, depriving the creators and rights holders of their rightful earnings. Such activities constitute online copyright infringement and are punishable under laws like the Cybercrime Code Act 2016.

Pirated Movies and TV Shows: An individual sets up a streaming service that provides access to the latest movies and TV shows without authorization from the production studios. Subscribers can watch high-quality pirated content for a fraction of the cost of legal streaming platforms. This illegal distribution of copyrighted material is a clear example of online copyright infringement and can result in severe penalties for those involved.

Penalties

The Act imposes severe penalties for those found guilty of online copyright infringement. The penalties for natural persons are:

1. Imprisonment for a term not exceeding 15 years.  
2. A fine not exceeding K100,000.00.
3. Prohibition from accessing and using ICTs or electronic systems for the term of imprisonment imposed plus an additional two years.
4. Any combination of the above penalties.

The penalty for bodies corporate is a fine not exceeding K1,000,000.00.

Implications of Online Copyright Infringement

The stringent penalties outlined in Section 28 highlight the seriousness with which Papua New Guinea treats online copyright infringement. Such activities can lead to significant financial losses for content creators and copyright holders and can undermine the integrity of creative industries. The legislation aims to deter copyright infringement by imposing heavy fines and long prison terms for offenders.

Prevention

Given the severe penalties and potential impacts of online copyright infringement, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement strong copyright policies: Ensure that all content shared on electronic systems complies with copyright laws.
2. Educate users: Provide education and awareness programs about the legal and ethical implications of copyright infringement.
3. Monitor online activities: Regularly monitor systems for signs of unauthorized use or distribution of copyrighted material.
4. Enforce copyright protection: Take legal action against those who infringe upon copyright laws and support efforts to remove unauthorized content.

Conclusion

Section 28 of the Cybercrime Code Act 2016 underscores the importance of preventing online copyright infringement in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better protect themselves and others from the harmful effects of copyright infringement.

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