Casablanca – Morocco has brought into force a new law expanding the legal framework used to fight digital piracy and unauthorized broadcasting, including services distributing protected content through IPTV systems.
Law No. 013.26, which amends Law No. 2.00 on copyright and related rights, entered into force after its publication in Official Gazette No. 7533 on August 10. It was enacted under Royal Decree No. 1.26.68, dated July 28, following its approval by both chambers of Parliament.
The revised law expands the definition of radio and television broadcasting to include communicating works and recordings to the public, directly or indirectly, through wired or wireless transmission, including satellites and electronic networks. It also expands the concept of transmission to the public to cover digital and internet-based transmission of audio and visual content.
For the first time, the law expressly defines piracy as the unauthorized use of a protected work, performance, sound recording or audiovisual recording by any means, including digital tools and the internet.
Although the text does not specifically mention IPTV, television channels or sports matches, unauthorized rebroadcasting of channels, matches, films and other protected content through IPTV servers and applications falls within the broader definitions of piracy and unauthorized transmission.
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The law does not automatically block IPTV servers, and does not allow authorities to block them without a court order. Under the revised Article 61, a court can order the prevention, suspension or termination of a copyright violation. If the violation involves unauthorized transmission to the public, the court can also issue the order against a person or company that has the ability to stop the transmission.
This could include internet service providers, hosting services and other technical intermediaries, depending on the case.
Authorized officers can now enter and inspect premises, information systems and means of transport, examine records and documents, obtain useful information and seize equipment, tools and documents connected to violations. Their findings are recorded in dated and signed reports and sent to the competent public prosecutor.
For certain intentional commercial violations, penalties can reach two to six months in prison and fines ranging from MAD 10,000 ($1,086) to MAD 100,000 ($10,859). In cases of repeat offenses, penalties can rise to one to four years in prison and fines of MAD 60,000 ($6,515) to MAD 600,000 ($65,154).
The amendments also introduce penalties for obstructing authorized officers and expand some forms of unauthorized exploitation subject to the same sanctions.
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