For years, online piracy has continued to plague intellectual property rights. The main sources of online piracy are the consumption of pirated TV content, the unlawful streaming and downloading of movies, music, publications and software1.
A study conducted by the European Union Intellectual Property Office (EUIPO), in 2022, found that in Europe, publications piracy was the second most significant form of piracy, preceded by TV piracy. The study found that, publication piracy “accounted for 28% of illegal consumption – a remarkable 60% of which was of Manga comics.”1
Movies and TV content are usually pirated through illegal streaming. But what about peer-to-peer sharing?
Peer-to-peer sharing platforms are commonly known as torrents or file sharing platforms. In South Africa, file sharing of copyrighted material is illegal as this violates the copyright holder’s intellectual property rights, and could lead to criminal penalties. The Film and Publications Board (FPB), established by the Films and Publications Act 65 of 1996, has published industry codes and guidelines related to digital and peer-to-peer platforms in South Africa, which highlight some of the following considerations:
- “Copyright and intellectual property (ensure you have the proper permissions to share the content)
- Privacy of individuals (including personal information, consent, and ensuring third parties cannot access shared information)
- Ensure the content is lawful (avoiding harmful content particularly to children)”.2
These guidelines aim to affirm the democratic values of human dignity, equality and freedom as set out in the Constitution of South Africa. Pirating online content is illegal and can lead to a hefty fine or imprisonment in accordance with Copyright Act 98 of 1978. Additionally, pirated content is also potentially dangerous, as it is often riddled with viruses and malware.
References:
- https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/reports/2023_online_copyright_infringement_in_eu/2023_online_copyright_infringement_in_eu_FullR_en_en.pdf
- https://mybroadband.co.za/news/wp-content/uploads/2023/08/FPB-draft-regulations-and-guidelines-18-August-2023.pdf
