(1)The High Court (in Scotland, the Court of Session) shall have power to grant an injunction against a service provider, where that service provider has actual knowledge of another person using their service to infringe copyright.
(2)In determining whether a service provider has actual knowledge for the purpose of this section, a court shall take into account all matters which appear to it in the particular circumstances to be relevant and, amongst other things, shall have regard to—
(a)whether a service provider has received a notice through a means of contact made available in accordance with regulation 6(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013); and
(b)the extent to which any notice includes—
(i)the full name and address of the sender of the notice;
(ii)details of the infringement in question.
(3)
In this section “service provider” has the meaning given to it by regulation 2 of the Electronic Commerce ( EC Directive) Regulations 2002.
Cases considering section 97A 26
[2016] EWCA Civ 658 · 6 July 2016
Section 97A provided the copyright-blocking regime used as an analogy for threshold conditions, effectiveness, costs and proportionality. The court treated the trade mark orders as a related but newly developed jurisdiction. (See paras [4]-[5], [74], [80]-[81], [133]-[154].)
[2025] EWHC 387 (Ch) · 23 January 2025
Applies the statutory conditions for a website-blocking injunction. The court was satisfied that the respondents were service providers, infringement occurred, the infringers used their services, and the respondents had actual knowledge. The injunction was also proportionate (see paras [1]; [8]; [17]).
[2021] EWHC 3438 (Ch) · 20 December 2021Interprets
Interprets the requirements for a blocking injunction: the target websites must infringe copyright, use the respondents’ services for that infringement, and the respondents must have actual knowledge. The court must also assess proportionality as a matter of discretion. (see paras [4]-[6])
6 more judgments, and what each says about section 97A, are in the
case-law panel in the full Act.