"Negotiations spearheaded by Labour mean the minister himself will have to intervene before any New Zealander has their internet disconnected as a consequence of illegal file sharing."
Labour had stuck by its commitment to work with the Government to enable internet service providers and rights holders to reach a compromise on copyright law, she said from Wellington.
The compromise meant termination of internet access as an ultimate penalty for repeat copyright infringement remained in the Copyright (Infringing File Sharing) Amendment Bill, but could not be enacted without the consent of the minister of commerce.
Ms Curran said the disconnection clause had become a matter of principle for her, something she had fought for for two years.
Asked why it was so important, Ms Curran said she believed access to the internet by every New Zealander was a fundamental right.
"We want people to have access to the internet, otherwise it is a form of censorship.
"Disconnection for file sharing could set a precedent for other disconnections.
The internet is a utility. It would be like disconnecting people from their electricity because they had used it to grow marijuana.
"People can still be disconnected from their electricity for not paying their bill, just as they can from the internet."
Putting the final decision with the minister meant the government of the day would have to wear the consequences, she said.
Commerce Minister Simon Power said the issue of copyright had a long and chequered history.
The three-notice regime involved providers sending warning notices to their customers informing them they might have infringed copyright.
The legislation also extended the jurisdiction of the Copyright Tribunal so it provided an efficient, low-cost process to hear illegal file-sharing claims. The tribunal would be able to make awards of up to $15,000 based on damage sustained by the copyright owner.
The Bill included a power for a district court to suspend an internet account for up to six months, in appropriate circumstances, he said.
That element of the legislation would not be brought into force unless the notice process and the remedies by the tribunal were ineffective.
"This will enable the Government to work with stakeholders to monitor and review the situation and determine when a further deterrent may be needed," Mr Power said.
Ms Curran said evidence produced at the select committee stage identified suspension of internet access was not only a disproportionate penalty but would not work because those infringing persistently and deliberately would be able to circumvent the disconnection.
"We still have some concerns with the Bill, in that estimating the cost for rights holders affected by copyright infringement is not straightforward," she said.
Copyright legislation
• Takes effect September 1
• Three-notice regime to deter illegal file sharing.
• Fines up to $15,000 can be imposed.
• Labour stops automatic disconnection.
