Morocco Intensifies Efforts Against Piracy in Streaming and IPTV
In a significant turn of events, Morocco has adopted a strict approach to combat illegal streaming and IPTV services, following the publication of the definitive text in the Official Bulletin No. 7533. This new legal framework confirms the government's commitment to a repressive stance against piracy, as it grants expanded powers to investigators and facilitates the blocking of illicit websites. However, this initiative has been met with silence from the public consultation process and reservations from opposition parties regarding the controversial extension of private copying rights to media publishers.
In April, it was announced that Morocco would take drastic measures against piracy, with the draft law amending Law No. 2.00 on copyright and neighboring rights undergoing public consultation. The radical changes promised in the fight against illegal streaming and IPTV have now been realized with the law's publication on August 10, 2026. The law was adopted by Parliament in July with a majority of 85 votes in favor and 35 against in the House of Representatives, followed by 46 votes for and one abstention in the House of Councillors. This legislation marks a significant transformation in the legal landscape of intellectual property in Morocco after a lengthy 26-year wait. It is noteworthy that while the final text encompasses all key measures from the earlier draft, it generated no comments on the government’s website, indicating a lack of engagement during the public consultation process, which spanned several weeks.
Key Provisions of the New Law and Their Implications
The essential elements of the law were largely anticipated during the spring discussions. The government has retained the core aspects of its initial proposal. The final text outlines three main pillars of reform: real-time blocking of pirate sites, enhanced investigative powers for authorized agents, and increased criminal penalties. Article 61 now allows rights holders to obtain real-time blocking orders from the courts. Such decisions can be issued against anyone capable of stopping the unauthorized transmission, placing Internet service providers and hosting companies at the forefront of enforcement.
Moreover, the investigative powers of agents from the Moroccan Bureau of Copyright and Customs have been significantly strengthened under Article 60-2. These agents now have the authority to access premises, information systems, and means of transport for inspections, review and copy all relevant documents, and seize equipment related to detected violations. The explicit mention of “means of transport” targets networks operating from vehicles equipped with transmission technology. These operations can be conducted without prior judicial oversight, raising concerns about procedural balances. Customs agents are also granted an extended suspension period for suspected goods, enhancing their capacity to intercept cross-border flows of counterfeit products. On the punitive side, Article 64 introduces heavier penalties, including imprisonment for deliberate violations. While the exact duration of such sentences is not specified, industry professionals anticipate that offenders could face several years of imprisonment along with hefty fines. The law also stipulates that similar penalties apply to anyone obstructing the duties of authorized agents.
The Bureau marocain du droit d'auteur (BMDA) is positioned as a central player in this new legal framework. Article 1-7 establishes the BMDA's role as the sole entity for the collective management of rights in the digital age, responsible for overseeing commercial exploitation of works in the public domain and folklore expressions, while collecting the associated royalties. The Bureau is tasked with ensuring the integrity and authenticity of works, directly addressing concerns related to digital alterations and cultural appropriation.
The timing of this reform is not coincidental, as it coincides with Morocco’s preparations for the 2030 World Cup. Minister of Youth, Culture, and Communication, Mohamed Mehdi Bensaïd, justified the expedited procedure by referencing Morocco’s commitments related to the tournament. He indicated that this revision follows technical observations from the "Morocco 2030" Foundation concerning the alignment of national legislation with international copyright protection standards. The congestion of the legislative calendar, coupled with the urgent need to present the project to the House of Councillors, necessitated its accelerated adoption. While several deputies acknowledged the urgency of the law, they criticized its late submission to Parliament, arguing that preparations for the World Cup had been known for years, allowing the government to prioritize this project earlier.
Sporting broadcasters such as beIN Sports, Arryadia, and SNRT have threatened to reduce their investment in acquiring broadcasting rights if the piracy of matches is not effectively curtailed. International platforms like Netflix, Amazon Prime, and Shahid are also tying the expansion of their Arabic and Darija content libraries to a minimum level of legal security. By adopting this legislation, Morocco aims to send a clear message to the international community, asserting its status as a reliable partner.
Despite the advances brought about by this law, several blind spots remain. The absence of procedural guarantees for searches conducted without judicial oversight raises questions, as does the ambiguity surrounding the governance of the BMDA and recourse mechanisms in case of disputes over royalties distribution. The law remains silent on the fate of income derived from infringement and lacks any preventive or educational elements, focusing solely on enforcement without provisions for public awareness campaigns or support for legal offerings.
As reported by leseco.ma.
