An issue arose following a High Court judgment in October 2010 where it was stated that Ireland was not in compliance with its EU obligations under the Copyright Directive 2001/29/EC. It was held that the court could not grant an injunction against an intermediary in relation to internet transient communications. Until this judgment, it had been considered that Ireland was fully compliant with Art 8(3) of the relevant directive and that injunctions were available both under Section 40(4) of the Copyright and Related Rights Act 2000 and by reason of the inherent power of the court in relation to equitable remedies.
Following consultation with the Office of the Attorney General it was considered that as the High Court decision was not appealed, it was necessary for Ireland, for the avoidance of doubt, to restate its previous understanding of its compliance with EU law. A public consultation in relation to the content of a draft legislative measure in this regard was held. This received wide publicity at the time. In addition to liaising with the Department of Communications, Energy and Natural Resources, the consultation document was forwarded to bodies such as the Assoc of Trademark and Patent Attorneys, BT Communications Ireland Ltd, Consumers Association of Ireland, Digital Rights Ireland, Eircom, EMI Music Ireland Ltd, Enterprise Ireland, Google, Hinkson Solicitors, IBEC, IDA, IMIR, International Software Federation of Europe, Internet Service Provides Association of Ireland, Irish Copyright Licensing Agency, IRMA, Law Society of Ireland, Microsoft Ireland, O2, UPC, Vodafone, X-tra Vision. Over 50 written submissions were received.