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

Natasha Daughtrey shares how firms can help their women litigators take the lead on trials, and why she is seeing a convergence of tech and life sciences disputes
The LMG Life Sciences Awards is thrilled to present the shortlist for the 2024 EMEA Awards
Having agreed to a cost cap in the landmark Emotional Perception AI case, the government should do the right thing and pay at least the bare minimum
Ruth Hoy will join the firm's IP practice alongside Huw Cookson, who will also become a partner
IP boutique firm says its platform will help navigate ‘scattered’ decisions by bringing case law, commentary and research under one umbrella
The latest round of promotions has contributed to a 21% rise in partner headcount in the past two years, with business leaders eyeing litigation and the UPC
João Negrão, EUIPO executive director, is joined by a seasoned official to reflect on three decades of stories
Sim & San, which secured the $16m victory for their client, previously led Communications Components Antenna to a $26m damages win in 2024
IP litigator Ruth Hoy has led the London office since 2022
Emotional Perception AI is seeking more than £200,000 after the UK Supreme Court backed its appeal
Gift this article