COPYRIGHT
223
Subdivision (3)—Disabling access to flagrantly infringing online locations
Access disabling order
325.—(1) The General Division of the High Court may, on application, order a NCP to take reasonable steps to disable access to an online location (called in this Subdivision an access disabling order) if—
- (a) the online location is a flagrantly infringing online location;
- (b) the online location has been or is being used to commit rights infringements in relation to copyright works or protected performances of which the applicant is the rights owner; and
- (c) the NCP’s services have been or are being used to access the online location.
(2) In deciding whether to make an access disabling order, and the terms of the order, the General Division of the High Court must consider all relevant matters, including—
- (a) the harm that is or may foreseeably be caused to the rights owner;
- (b) the burden that the making of the order will place on the NCP;
- (c) the technical feasibility of complying with the order;
- (d) the effectiveness of the order;
- (e) any possible adverse effect on the business or operations of the NCP; and
- (f) whether some other comparably effective order would be less burdensome.
Procedure for application
326.—(1) This section applies to an application by a rights owner for an access disabling order against a NCP in relation to an online location.
