Ivory Coast: HACA tackles illegal practices related to piracy

Almost a year to the day after the roundtable discussion held on October 5, 2023,  the regulatory bodies, audiovisual operators, and internet service providers (ISPs) on the issue of piracy of audiovisual services and unauthorized distribution, the HACA has just published a press release aimed at combating illegal practices related to piracy.

After noting that "audiovisual content is broadcast or distributed without the consent of the rights holders or beneficiaries ," the HACA reminds the public that these practices are not only illegal but also constitute criminal offenses punishable by imprisonment ranging from six (6) months to five (5) years and fines ranging from 5,000,000 to 50,000,000 CFA francs.

This mainly concerns the distribution of content by sharing the signal of programs or channels via cable or fiber, commonly known as a "spider system," IPTV, which provides access to a large number of channels and programs via the Internet (IPTV), and applications that sell activation codes allowing users to view channels or programs.

The HACA calls for an immediate end to these practices.

The fight against piracy is a noble cause because it defends content creators and sports rights holders, but it remains a very difficult issue to deal with.

Unlike "spider systems," which remain identifiable and locatable and can be pressured, IPTV services or applications are much more difficult to combat because they are often located in foreign jurisdictions, use anonymous financial transactions, and quickly relaunch under new brands with each attempt to shut them down.

These IPTV services have proliferated around the world at extremely attractive price levels, since these pirate operators do not contribute in any way to the financing of programs, do not pay taxes in any country, and feed off the work of others.

In France, DAZN's marketing of Ligue 1 rights at prices deemed excessive by the public has put the spotlight on these IPTV services, which had been little used until now, and caused a boom in subscriptions to these platforms despite multiple reminders that this is prohibited and punishable by law and the involvement of telecom operators.

The situation in Côte d'Ivoire is, of course, different, as the main sports rights are now shared between CANAL+, NEWWORLD TV, and free-to-air channels, without any exaggeration in terms of commercial offers. The use of IPTV services also requires high-speed internet connections, which are still not widespread in Côte d'Ivoire.

Nevertheless, things are changing rapidly, the balance is fragile, and it is important to call the companies concerned to order and remain vigilant so as not to affect the audiovisual ecosystem.