Director Meryl Koh featured in ALB on dynamic injunctions and combating online piracy

09 Jan 2025

Director Meryl Koh was quoted in an Asian Legal Business article titled, “Dynamic injunctions reshaping fight against online piracy in Singapore”. The article highlights Singapore’s approach to combating online piracy through dynamic site-blocking injunctions, which were first introduced in the landmark case Disney Enterprises, Inc v M1 Ltd [2018]. These injunctions compel internet service providers (ISPs) to block not only known infringing sites but also future domains or IP addresses hosting pirated materials, addressing the whack-a-mole nature of online piracy, where blocked sites could quickly resurface under new domains.
 
According to Meryl, “Dynamic injunctions can compel internet service providers to block access to websites or URLs that are hosting copyright infringing pirated content. Since many pirate sites are frequently relocated or rebranded through the use of different URLs, dynamic injunctions compel ISPs to block not just known infringing sites but also new domains or IP addresses that are identified in the future as hosting pirated materials”.
 
Meryl also shared insights on the impact of dynamic injunctions in tackling illegal streaming throughout Asia, including the English Premier League’s (EPL) success in obtaining an order from the Singapore High Court to force internet service providers such as M1 and Singtel to block access to 25 illegally streaming sites that illegally stream football matches. This resulted in the blocking of more than 460 domains in Singapore. She stated that, “The significance of the EPL orders is that not only are illegal streaming sites targeted, but illegal applications preinstalled on illegal streaming devices as well. These examples show that the Singapore court is respectful of intellectual property and is inclined to assist copyright owners combat online piracy”.
 
While dynamic injunctions are impactful, Meryl noted their limitations, particularly for smaller copyright holders who may lack the resources to continually track new infringing domains. She added, “…While large copyright owners, such as Disney Enterprises, Inc, likely have the technological capabilities, or at least the financial resources to track and uncover the new FQDNs, smaller producers/owners of copyrighted works may struggle”.
 
Meryl also highlighted the influence of international practices on Singapore’s evolving jurisprudence in this area further noting that “As there is comparatively less jurisprudence on dynamic injunctions in Singapore, it is in fact the practices of other jurisdictions that has and would likely continue to influence the practices in Singapore. However, every reported decision in Singapore will no doubt be relied on or at least serve as a reference point for future cases, especially in common law countries where copyright legislation(s) are similar.”
 
You may read the full article on p.15 of ALB December 2024 issue here or on ALB’s website here.

Get in touch