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For all blocking methods circumvention by site operators and internet users is technically possible and would be relatively straightforward by determined users.
–“Site Blocking” to reduce online copyright infringement, OFCOM Report,22nd May 2010
The law in this area is extremely complex, particularly since the European Court of Justice has given an important decision restricting the use of blocking in the meantime. That decision found that filtering would be impermissible if it undermined freedom of expression and blocked lawful communications – something that is inevitable if this proposal is adopted.
– Ireland’s SOPA: an FAQ, TJ McIntyre, 23rd January 2012
JUNIOR MINISTER SEÁN Sherlock has this afternoon confirmed that the controversial statutory instrument that reinforces online copyright laws in Ireland has been signed into law.
– Sherlock confirms that ‘Irish SOPA’ has been signed into law, The Journal, 29th February 2012
22. Mr. McIntyre goes on to point out that under s. 2 of the European Convention on Human Rights Act 2003, this Court is under a duty to interpret and apply any statutory provision or rule of law insofar as is possible in a manner compatible with the State’s obligations under the European Convention on Human Rights. This, he says, is a duty which exists independently of any point raised by the parties in a matter where non-parties are affected. The applicant is therefore concerned to assist the court in addressing the requirements of the European Convention on Human Rights in the context of internet filtering.
Judgment refusing Amicus status to Digital Rights Ireland Ltd, EMI and Ors -v- UPC and Ors, Mr Justice Kelly, 3rd May 2013
Notwithstanding his [Charleton J.] having concluded that a blocking injunction in the manner sought was not available in Irish Law, he went on to state at para. 1.34:-
“Were it available, I would grant it.”
The lacuna referred in that judgment has been filled by S.I. No. 59 of 2012, the European Union (Copyright and Related Rights) Regulations 2012 which inserted s. 40(5A) into the Copyright and Related Rights Act 2000 (“the Act”).
– Judgment in EMI and Ors -v- UPC and Ors, Mr Justice McGovern, 12th June 2013