Rising Tide Australia

A satirical website created by climate action group Rising Tide Newcastle has twice been shut down this fortnight by powerful coal industry lobby group, the NSW Minerals Council.

The website was conceived as a response to the Minerals Council's “Life. Brought to you by Mining” advertising campaign. The Minerals Council campaign, which argues that mining is inextricable from modern luxury can be viewed at www.nswmining.com.au. Rising Tide members created a parody website at www.miningnsw.com.au in order to present the other side of the story and address the damage wrought by mining to the local and global environment and to the local community.

The parody website has twice been shut down following complaint by the Minerals Council that the site breached copyright law. That claim is hotly contested by the authors of the website, Rising Tide Newcastle, who believe that the coal industry lobby group is simply trying to silence growing public disquiet about the contribution of the export coal industry to climate change.

Steve Phillips, spokesperson for Rising Tide Newcastle said, “The coal export industry constitutes NSW's biggest single contribution to global climate change. There is also growing public awareness of the terrible impacts of coal mining on biodiversity, water and air quality. The Minerals Council want people to know that luxury is dependent on mining: All we want is for the public to be fully informed about the consequences of that luxury, and to realise that while we can have jobs without coal, and we can have energy without coal, we cannot have a coal industry without climate change.”

Rising Tide has now moved the site to an off-shore host in order that the information contained within it can remain in the public domain.

The website is officially relaunched as of today.

“The Minerals Council is abusing legal process to ensure that its public-relations spin is unquestioned and that community criticism of its methods or message is quashed as quickly as possible” said Ned Haughton, the site’s graphical designer.

Mr. Phillips continued, "We have issued a counter-notice rejecting the Minerals Council's spurious claims. The Minerals Council now has ten days in which to take the matter further."

“The Minerals Council say they want a “balanced debate” on the impacts of coal mining on local, regional, and global environments – we welcome that wholeheartedly. Their rhetoric however, is sharply at odds with their attempts to silence legitimate criticism from community groups.”

Background information

• On February 19^th this year, the NSW Minerals Council (NSWMC) launched an expensive public relations campaign with the slogan “Life: Brought to you by mining.” The campaign includes billboards, television, and newspaper advertisements, and the website www.nswmining.com.au

• Shortly after the launch of the NSWMC website, Rising Tide Newcastle (RTN)set up a satirical and critical website at www.miningnsw.com.au. This website was a mirror image of the NSWMC website, except that the text was different, describing the negative social and environmental effects of the mining industry.

• The hosts of the RTN website were contacted by NSWMC lawyers within 24 hours of the launch of the site. The NSWMC lawyers abused a clause of the Commonwealth Copyright Regulations to forced the website hosts to remove the site. RTN created the original website as a satirical imitation of the NSWMC site, with rewritten commentary. While this was most probably legal under the Copyright Act's Fair Dealing clause as a parody, the hosts were legally required to remove the site pending a response to the Minerals Council's claim of copyright infringement, which did not specify the articles of alleged copyright.

• RTN then completely re-made the site, with original layout and images that were either original or used with permission, in order to remove all possibility of copyright infringement. The NSWMC lawyers nevertheless contacted the new website hosts within 24 hours, with a similar claim letter, and again had the site removed under Regulation 20J of the Copyright Regulations.

• While the site had not contravened any copyright laws, as the lawyers for the NSWMC may well have known, the host was again legally obliged to remove the site.

• RTN have submitted a counter-notice, rejecting the allegations of the NSWMC. The NSWMC now have a 10 day period in which they can take the matter further, which would require taking RTN to court over the incident.

• In the meantime, the RTN website has been relaunched with an offshore host. International copyright law does not have the same automatic take-down clause of Australian copyright law.