TOPIC:

If you go here: fixhepc.com/tga

You will find a copy of a shit-o-gram from the TGA in Australia about this website and it's content.

While I would argue that this site is informational, rather than advertising, it's highly probable that argument would fail in court with a catastrophic personal impact. The offence is one of strict liability, so the fact that the Australian Government wants patients with HCV treated (which logically requires talking about HCV treatment) is not a viable defence, nor it seems is that fact that the TGA, NPS, PBS, Hepatitis Australia, ASHM and others talk treatment and name the medications and their access channels here.

In the attachments of examples of problematic material every single instance of a DAA name was highlighted making practical modification of the website impossible.

The pragmatic solution is to implement geoblocking of the website so that it is not visible in Australia - like the blocking that goes on for sites like Netflix preventing access from Australia, just the other way around.

What does this mean?

From COB 15th June 2016 this website will not be accessible from computers using Australian IP addresses.

Sorry.

What will Australian's see when trying to access the site?

People accessing the site from an Australian IP address will be redirected to a page that says this content is not available in Australia.

I have talked with the TGA and pure forums are not typically taken to be advertising, however the owner of the forum (if they are in Australia) is responsible for removing any content that transgresses local law and that is extremely ill defined. A simple statement like "I used Viagra and it worked" could be classified as any of a) "passing forum conversation", b) "an advertisement", c) "a testimonial" - of these only a) is permitted.

Redirecting to an overseas forum seems sensible and suggestions are welcome as to which one (or ones) we should suggest to Australian users so they can find mutual support somewhere in cyberspace.

What about people outside Australia?

Users outside Australia won't see any changes.

Bastards !

I was kind of waiting /fearing this news. Fixhepc is such a positive, supportive forum in so many ways. I started treatment before the PBS declared that the drugs were available to everyone in Australia. The forum rescued me in my time of need and continues to generate information. So fixhepc will beavailable to the rest of the world but not to me or Australia!

Shit. Sam the eagle.

I can see their point of possibly considering parts of the site as advertising, in that it espouses the benefits of medication and offers a source of supply. This follows the letter of the law but ignores the spirit of humanity. That the law is inflexible and could be seen to inhibit positive outcomes is not something we can change easily or quickly, and is certainly not the only law we have that fails to consider the value of borderline cases (ie. technically illegal but socially or morally beneficial).
Now that treatment is available at nominal cost to all Australians through PBS, the supply side of things is virtually irrelevant locally.
The site contains reams of information that is helpful or even essential for people contemplating or undergoing treatment. It is a tragedy to close off this info for Australians.

Thanks again for your wonderful work, Dr. James, and I am very sad about this turn of events.

Sad news.

But will you still be able to write an RX for someone not in Australia? That is what is critical, IMO

The content on this site can be hosted anywhere on a server.

sonix wrote: Shit. Sam the eagle.

I can see their point of possibly considering parts of the site as advertising, in that it espouses the benefits of medication and offers a source of supply. This follows the letter of the law but ignores the spirit of humanity. That the law is inflexible and could be seen to inhibit positive outcomes is not something we can change easily or quickly, and is certainly not the only law we have that fails to consider the value of borderline cases (ie. technically illegal but socially or morally beneficial).
Now that treatment is available at nominal cost to all Australians through PBS, the supply side of things is virtually irrelevant locally.
The site contains reams of information that is helpful or even essential for people contemplating or undergoing treatment. It is a tragedy to close off this info for Australians.

Thanks again for your wonderful work, Dr. James, and I am very sad about this turn of events.

Hi GF,

I'm not an expert but reading the TGA letter, they seem to be discussing the provision of information (which they apparently deem advertising) on the website rather than a direct doctor/patient relationship and any advice and prescribing that may occur during a consultation. So I wouldn't think that doctor/patient relationships would change.

As you say the site can and will be hosted on a server anywhere other than Australia, which is already happening. What will change on 15th June is that anyone using an Australian based Internet server will need to be blocked from access to avoid any potential legal liability.

My understanding is that all our international members/guests and anyone else not using an Australian IP address to access the site will notice no change and everything will continue as usual.

I have been told by my Specialists that I am ineligible to get the drugs on the pbs even though I am Australian and have lived here for 63 years. Because I failed a trial last year, when Hep C came back after I stopped taking the new drugs.
That was why I flew to China then India and secured my drugs from them in India at a reasonable price, I have been on them since Xmas and am currently Hep C free and no longer taking Nexovar either as the Liver Transplant guy in India even told me in December to not worry about Nexovar and make sure we knock out the Hep C first and that it is probably the cause of the Liver Cancer.

My Specialists here in Perth tried to get me to not take the Indian Drugs saying all kinds of crap about how I dont know what I am taking etc. I didnt agree as just because it says Australian made doesn't make it perfect. The Indian Surgeon was the first Doc to agree with me on my treatment, now perth has finally taken me off nexovar and currently I am on the least medication I have had in 3 years.

This last week has been my best for the year, even started driving my daughter to school and back, a big improvement as earlier I was unable to dress myself, make a cuppa, toast or even put a seat belt on. I felt like a piece of S.... and just so useless. Perth told me to stop taking the Indian drugs but I said No I will take them for life as I was only given till March this year to live. They still say I wont be able to get it on the pbs, as I failed that Pegetron crap and the new one after 24 weeks. But even if I have to get my Indian Surgeon to send them to me I will do it but I am confident I can get a specialist here to write me a script.

I hope you are correct in saying that it will be available to all Australians on the pbs as it definately works and sweet f... all side effects.
Good luck to all and hope everyone gets the opportunity to have access to these drugs at a reasonable cost.

Sonix wrote:

Shit. Sam the eagle.

Yep.



And some more classics from Sam

This is a blow to freedom of speech in Australia.

Technically, legal eagles can argue that it's advertising, and have done so according to the black letter of the law, but in reality this site is merely a support site for HCV sufferers who have been turned away from other avenues of treatment and have nowhere else to go.

I'm a subscriber to Choice, and they have written a very informative article on how to get around geo-blocking. Here's the link:

www.choice.com.au/electronics-and-techno.../bypass-geo-blocking

Read it before the Australian government blocks the above article or forces Choice to take it down.

Always remember, where there's a will, there is a way ...

GT2 wrote: This is a blow to freedom of speech in Australia.

Technically, legal eagles can argue that it's advertising, and have done so according to the black letter of the law, but in reality this site is merely a support site for HCV sufferers who have been turned away from other avenues of treatment and have nowhere else to go.

I'm a subscriber to Choice, and they have written a very informative article on how to get around geo-blocking. Here's the link:

www.choice.com.au/electronics-and-techno.../bypass-geo-blocking

Read it before the Australian government blocks the above article or forces Choice to take it down.

Always remember, where there's a will, there is a way ...

I subscribe to that GT

Really shitty to thing to have go down however if geo blocking Australia means that James and the team stay out of the TGA's drama whilst the mission continues world wide to cure Hep C then so be it. As GT has pointed out there is a way to still participate here if you are from the Great Southern Land.

Tina

Make 2 websites. This one for general info, and another off-shore server for the Dr's and medicines. Government always mucks things up......

Okay so I'm using VOIP anyway as I refuse to be stuck with STD rates just because of where I choose to live.
Hint. Netflix yeah I stream that
Anyway
I'm going to draw attention to the blogger from Oz in this thread who has not got PBS help, Woobia. Thanks for your honesty Woobia

I'm really over the world thinking that every Aussie who has HepC got a magic script and meds

That is not what's happening here
Yes some people have got the pbs meds but NO many many people wait.

We need this forum
We also need access to generics here I believe
It's very early days and PBS is $$$
Okay enough
I'm going to my blog Ariel Takes The Plunge and bringing good news to the table
I wonder how fellow Aussies who have blogged like myself in the hope of inspiring other people to seek tx feel about our blogs when we wont actually see them ourselves
Think of it as Global Community Service xxx

Ask any gamer nerd teenager they will help you find a loophole

I'm one of the few Aussies on the PBS meds. I'm 100% convinced I got them because the fine folk at RPA knew I had the will, the smarts and the means to source the generics.