A new draft law addresses the problem of piracy of live broadcasts of sporting events

The General Secretariat of the Government opened the door for public comment on a new draft law, submitted by the Ministry of Youth, Culture and Communication, amending and supplementing Law No. 2.00 relating to copyright and related rights, and it came in the context of “the profound transformations witnessed in the field of exploitation of literary and artistic works, especially in light of the rapid development of digital technology, the spread of Internet services and electronic platforms, and the resulting emergence of new patterns of broadcasting, the spread of digital piracy practices, and the growth of illegal forms of broadcasting.”

In light of these transformations, the introductory memorandum to the new draft law indicates “the emergence of new challenges at the legal and practical levels, which were mainly linked to the adoption of effective mechanisms to protect copyright and related rights from all forms of illegal abuse and exploitation, especially in light of the growing manifestations of piracy in its various forms, especially through digital media and Internet networks.”

The text aims to “keep pace with the technological and digital transformations associated with the exploitation of literary and artistic works, by seeking to adapt the provisions of Law No. 2.00 related to copyright and related rights, especially by developing an integrated system of preventive and injunctive measures, and establishing effective mechanisms for judicial intervention in order to prevent, stop, or end any violation of protected rights, especially if this violation takes place in the digital environment characterized by the rapid spread of illicit content and the complexity of tracking it.”

The aforementioned introductory note indicates that “piracy of live broadcasts of protected works constitutes one of the most prominent manifestations of these transformations, especially those related to the transmission of sporting matches and events, as protected contents are broadcast illegally and in real time, which constitutes a direct violation of exploitation rights and a blatant undermining of investment efforts in the audiovisual sector.”

The same document stressed that “this problem is of increasing importance in light of the major sporting events that the Kingdom is preparing to host, most notably the organization of the 2030 FIFA World Cup Finals, and the necessity that this imposes to provide an appropriate legal framework that guarantees effective protection of broadcasting rights, and enhances the Kingdom’s credibility and its commitment to relevant international standards.”

The project also aims to “strengthen the protection of copyright and related rights, by establishing conceptual clarity within the legal system, by reviewing and updating a number of basic concepts in line with technological development, as the concept of ‘radio and television broadcasting’ has been expanded to also include television broadcasting of all forms of communication to the public, directly or indirectly, especially via satellites and electronic networks, in line with the development of modern broadcast patterns.”

The text presented by the Ministry of Youth, Culture and Communication “strengthens the mechanisms for searching for and inspecting violations by expanding the scope of intervention of qualified agents of the Moroccan Office for Copyright and Related Rights to include access to and inspection of shops, places, information systems and means of transportation, especially those belonging to the exploiters of literary and artistic works protected under this law, and access to records, documents and papers and taking copies of them, as well as seizure of equipment, means, tools and documents related to the violation that was inspected after it was inventoryed and included in the report.” Minutes.”

In a related context, the new text criminalizes “any prevention or obstruction of these agents from carrying out their duties, and this would provide practical tools to confront new forms of piracy and enhance the effectiveness of law enforcement.” It also stipulates, “enabling the judiciary, by virtue of rulings or orders, to prevent, stop, or terminate any violation of a right protected under Law No. 2.00 mentioned above, including violations committed through transmission to the public or via digital media, with the possibility of issuing these rulings or orders against every natural or legal person who can, by virtue of his position or powers, stop this transmission. These are requirements that would respond to the specificities of the digital environment and enhance the effectiveness of judicial intervention.”

In the context of maintaining the balance between the protection of rights and the smooth flow of commercial exchanges, the draft also includes “provisions that aim to introduce flexibility in the legal deadlines established for the customs system in the field of protecting copyright and related rights, as it authorized the Customs and Indirect Tax Administration, exceptionally and based on a reasoned request, to extend the deadline for stopping the free circulation of goods suspected of being counterfeit or pirated, infringing upon copyright and related rights, for an additional ten days.”

The aforementioned draft law came to adapt some penalties to include various forms of illegal exploitation, especially those related to digital piracy, and also dedicated the adaptation of some requirements to digital transformations, especially “by expanding the scope of the publishing contract to include digital media, and strengthening the reward system for the special edition, by expanding the range of beneficiaries, which contributes to stimulating creativity and supporting the cultural economy.”

The introductory note to the text confirms that “this project constitutes a basic building block in modernizing the national legal system to protect copyright and related rights, and enhancing their protection in the digital environment, by integrating the digital dimension into its various requirements, enhancing the effectiveness of protection mechanisms, and establishing clarity of legal concepts, in line with the Kingdom’s international obligations and consecrating the competitive elements of the creative economy.”