By KATIE WONG HOY 

A new Copyright Notice Scheme Industry Code is under review by the Australian Communications and Media Authority to try to stop Australia’s online pirates.

The code, released in May, is from Australia's primary telecommunications industry body, Communications Alliance, and will be funded by copyright holders and internet service providers.

Communications Alliance CEO John Stanton said the majority of online pirates are young people who are not always aware illegal downloading is a serious crime.

The code aims to reduce the number of online pirates by educating the public and sending out infringement notices to those caught illegally downloading.

“[The code] will demonstrate to people who receive a notice that the activity they’re undertaking is detectable, it is an infringement of someone else’s copyright and that it could, if they didn’t change their behaviour, lead them into a situation where they’d be facing legal action,” Mr Stanton said.

The code coincides with the Federal Senate considering the Copyright Amendment (Online Infringement) Bill 2015.

If passed, this would introduce an internet filter that could block Virtual Private Networks (VPNs), which allow Australians to access overseas websites.

Choice Australia policy and campaigns adviser Sarah Agar said the Bill and the code together raised concerns for Australian consumers.

“When you take the code with its lack of requirements for content owners to improve the content delivery process, and you put it with the filter Bill, the filter Bill actually has the potential to block Australians from accessing websites that offer VPNs,” Ms Agar said.

“We think it’s really concerning that these measures appear to be both trying to punish pirates, but also lock out legitimate paying consumers from accessing more competitive markets. It’s quite sneaky.”

Queensland University of Technology student Lizzy* is one of  many Australians who could be affected by these new laws.

Lizzy started illegally downloading in 2007, but now subscribes to major internet streaming company Netflix, and no longer considers herself an illegal movie downloader.

But like many other Australians, she uses VPNs to access overseas Netflix libraries.

“I joined the Netflix gang so I don’t do anything illegal with movies or TV shows really … the Australian Netflix isn’t that great but you can change your computer’s geographical location so now I can access Canada’s Netflix and America’s Netflix,” Lizzy said.

Although Netflix is now available in Australia, it has a much smaller selection of TV shows and movies than its American counterpart – popular shows such as Breaking Bad, Game of Thrones and Parks and Recreation still aren’t available to Australian Netflix customers.

Research by the IP Awareness Foundation showed online piracy is increasing both in number of pirates and the frequency with which they download.

A spokesperson from the foundation said if this continues, it would result in fewer jobs in the film and television industry and more limited entertainment choices for consumers.

The research showed the main reason for illegal downloading is cost.

“One of the findings of an independent research study IP Awareness commissioned in 2013, conducted with Newspoll, was that the primary motivator for Australians of all ages pirating movies and TV shows was that it was free,” the spokesperson said.

“Essentially pirates in Australia have done it because they could.”

But a consumer survey conducted by Choice in 2014 found that Australian pirates are more likely to pay for online content than other Australians.

The top two reasons stated for illegal downloading were price and delays in content availability in Australia.

The survey showed that pirates were more likely to pay for content through iTunes or Apple TV subscriptions than regular Australians.

They were also more likely to have a Quickflix streaming account (11 per cent) when compared with the general population (5 per cent) and people who never pirate (3 per cent).

Monash University student and Game of Thrones fan Sophie* said she illegally downloads due to the lack of TV show accessibility in Australia.

“I think free TV needs to fork out some more money and purchase some shows so Australians aren’t so left out of the TV loop ... If I want to watch Game of Thrones I have to illegally download it – there’s just no other option,” Sophie said.

She said pirates should be penalised and if she were to receive an infringement notice she might stop her habits.

But the biggest incentive for Sophie to stop illegally downloading is not education and enforcement, as the code predicts.

She said Australia needs more options.

“We’ve got Netflix but the Australian library of Netflix is crap … It is frustrating as an Australian because we just don’t have the options,” Sophie said.

“Give me a Netflix that has the shows that I want to watch at the time they are aired in the US and maybe I’ll change my behaviour.”

*Preferred not to provide her full name.