AUSTRALIAN internet users will welcome a recommendation put forward by the Productivity Commission calling for geoblocking of online content to be done away with.It’s likely we’ve all had the frustrating experience of clicking on a video clip from one of our favourite shows only to be met with a screen telling us the particular content is not available in our region.

It’s one of the more frustrating things for Australian netizens but if the recommendation is acted upon by the government, it would make it clear that it is not illegal for Australians to use Virtual Private Networks (VPNs) and proxies to access regionally restricted content on sites such as Netflix and HBO Now.

The anti geoblocking sentiment was just one of the things to come from the 12-month inquiry into Australia’s intellectual property system. The draft report was released early this morning.

Geoblocking technology is lauded by rights holders as necessary for the creators of content to receive viable compensation for their work but critics have said the technique is used to exploit certain customers.

''The use of geoblocking technology is pervasive, and frequently results in Australian consumers being offered a lower level of digital service (such as a more limited music or TV streaming catalogue) at a higher price than in overseas markets,” the report said.
When it comes to software, music, games and e-books, a majority of Australians who don’t circumvent geoblocking are “relegated to paying inflated prices for lower standard services.”

One of the two commissioners who worked to produce the document, Karen Chester, told The Australian she wanted the “government to make it clear we’re going to let our folk get around geoblocking, otherwise it’s not fair to users”.

Ms Chester also pointed out that geoblocking systems contribute to the high rate of illegal piracy carried out by Australians and said an Australian government system of policing would be “a huge regulatory burden and it isn’t going to work”.

Speaking to ABC radio this morning Ms Chester said the onus was on rights holders to make their content available in a timely and cost effect manner, and the government should not assist them in blocking the content.
''The government does have a role here to clarify within the legislation that Australians should legitimately be able to circumvent geoblocking and it’s not illegal down under,” she said.

Melbourne intellectual property lawyer Shaun Miller said as long as rights holders are getting paid something, there are plenty of benefits to what the commission recommended.Obviously it is a win for the Australian consumer and it would likely decrease instances of illegal downloading which would be of benefit to the rights holder.

“It would also take away the ambiguity” of such practices in the current legal setting, he told news.com.au.
However Mr Miller warned of the consequences for rights holders hoping to sell content agreements in the Australian market saying the value would be “severely diminished” if circumventing geoblocking controls was considered to be completely legal.

The final report is not due to be given to the government until August from which point it is required to table the report in both houses of the Parliament within 25 sitting days.It remains to be seen if the anti geoblocking recommendation will be heeded by officials but the report is likely to bring renewed scrutiny of The Copyright Amendment (Online Infringement) Bill 2015.

Passed by the Senate last year in an effort to crack down on illegal file sharing, the legislation has been highly controversial and viewed by many as onerous and ineffective.