MultiChoice, the parent company of DStv, is advocating for legal reforms in South Africa to make it mandatory for Internet service providers (ISPs) to block websites illegally streaming their licensed content, even without a court order.
The company has engaged with ISPs to request the blocking of illegal streaming services but has seen inconsistent compliance. MultiChoice has also made submissions to relevant government departments and agencies to push for legal reforms that would require ISPs to block domains and IP addresses identified as infringing upon content holders’ rights.
The company has not disclosed the names of the sites it has requested ISPs to block to avoid drawing further attention to them. However, there have been cases where ISPs claim they have not received any requests from MultiChoice to block specific websites. MultiChoice’s proposed legal reforms would require ISPs to cooperate with the government to combat online piracy and take proactive measures to limit the distribution of illegal content.
Additionally, MultiChoice has proposed amendments to the Electronic Communications and Transactions Act (ECTA) to streamline the process for ISPs to remove, take down, and block sites without the need to approach the courts, citing the current process as costly and time-consuming. The company argues that ISPs are often the only party in a position to prevent illegal content distribution and that site-blocking provisions have been effective in various countries worldwide.
The Department of Communications and Digital Technologies (DCDT) has requested input from stakeholders on the Draft White Paper on Audio and Audio-Visual Content Services. The paper proposes requirements for ISPs to cooperate with rights holders and the government to police illegal file-sharing or streaming websites. While MultiChoice has expressed support for the government’s proposal, it has emphasized the need for effective collaboration from ISPs and clarified the scope of their involvement in policing illegal content.
The final policy on these proposed reforms was expected to be published by the end of March 2024, but it has not been released as of now. The Cybercrimes Bill already obligates ISPs to report instances of piracy and preserve information related to illegal online activity, highlighting ongoing efforts to address this issue.
