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.”