The landscape of digital piracy in Morocco is undergoing significant transformation, as new legal provisions have taken effect to enhance the protection of copyright and related rights. This initiative specifically targets unauthorized exploitation of online content, including digital rebroadcasting and the proliferation of IPTV services, which have varying legal statuses depending on their content and licensing. This shift comes at a time when piracy is increasingly reliant on sophisticated digital networks that transcend traditional websites and links, extending into servers, applications, live streaming services, and cross-border distribution networks. In response, lawmakers have updated the legal framework to keep pace with these developments, broadening certain definitions and strengthening enforcement mechanisms, including judicial interventions and heightened penalties for specific violations.
The legislative change, encapsulated in Law No. 013.26, amends the original Law No. 2.00 relating to copyright and neighboring rights. This law was officially enacted on July 28, 2026, and published in the official gazette on August 10, 2026. The bill passed through both chambers of Parliament, receiving approval from the House of Councillors on July 13, 2026, after a thorough discussion and unanimous consent within the relevant committee.
This amendment does not focus solely on any one technology or the IPTV sector, but rather seeks to reframe essential aspects of copyright and related rights protection, encompassing the digital exploitation of works and their distribution methods. With the law now in effect, IPTV has emerged as a focal point of concern for Moroccan users, given the prevalence of services that provide access to channels, matches, and various content online for a subscription fee. However, it is crucial to distinguish between IPTV as a technology and pirated IPTV to fully understand the law's scope.
IPTV, by definition, is a method of transmitting content over the Internet Protocol and is not inherently illegal. The complications arise when this technology is employed to receive or redistribute content protected by copyright and neighboring rights without the requisite authorization. The new legislation explicitly defines piracy as any unauthorized exploitation of a work, performance, sound recording, or audiovisual work 'by any means, including digital methods or via the Internet.' This clarification indicates that the law does not criminalize IPTV technology per se, but rather targets unauthorized exploitation of protected content, according to cybersecurity and strategic monitoring expert, Tayeb Hazzaz, who emphasizes the importance of differentiating between the two.
Hazzaz noted in an interview with "The Voice of Morocco" that 'the technology itself is not illegal; the issue arises when protected content is received or redistributed without the proper licenses.' He cautions against framing the narrative to the public as if 'everyone using an IPTV device in Morocco is automatically facing legal repercussions.' According to the expert, the primary aim of tightening the legal framework is to combat commercial piracy networks that rebroadcast channels and matches while selling subscriptions to users, rather than treating the average viewer the same way as the networks orchestrating these operations. Furthermore, legal responsibility is not necessarily equal for a commercial network operator redistributing protected content and selling subscriptions compared to an end user in a different situation; responsibility remains tied to the nature of the act committed and the specific conditions outlined by law.
The Need for Stricter Anti-Piracy Laws in Morocco
A significant portion of the amendment is rooted in the drastic changes that have occurred in the digital landscape since the original law was enacted. Lawmakers are no longer addressing merely physical copies of works or sound recordings; they are dealing with content that can be replicated and redistributed instantaneously and on a massive scale, with infrastructures shifting across different countries while websites, domains, and access methods continuously evolve. The explanatory note accompanying the bill indicates that the rapid advancement of digital technologies and the proliferation of the Internet and electronic platforms have led to the emergence of new broadcasting models and a rise in digital piracy and illegal broadcasting practices. Notably, the piracy of live broadcasts, particularly of sports matches and events, has become one of the foremost challenges necessitating the development of more suitable legal mechanisms.
Hazzaz elaborates that the crux of the problem lies in the fact that technology has evolved at a pace faster than legislation, stating that piracy has transitioned from a model primarily based on physical discs and unauthorized copies to a 'comprehensive digital system' comprising distributed servers in various countries, applications, websites, alternative links, live rebroadcasting, monthly subscriptions, and electronic payment methods. He adds that shutting down one website can lead to the rapid emergence of another, as servers can be relocated or domains altered, rendering piracy a 'digital infrastructure and parallel economy,' rather than just the distribution of illegal content.
Expanding Concepts to Address the Digital Environment
One of the most notable aspects of the amendment is the modernization of concepts related to broadcasting, exploitation, and the transfer of content to the public, aligning with the digital environment that has become integral to the content economy. This is particularly significant for live broadcasting, especially of matches and sports events that are major targets for unauthorized rebroadcasting networks. In the traditional model, content is tied to a specific network or channel and broadcasting method; however, today, signals can be captured and rebroadcast to a wide audience online in a short timeframe, necessitating that the protection of broadcasting rights be directly linked to the law's capacity to address this type of exploitation.
This challenge is also connected to Morocco's preparations to host major sporting events, including the World Cup in 2030, which heightens the economic importance of broadcasting rights and sports content. Furthermore, the amendment not only reframes definitions but also enhances the significance of monitoring and investigative mechanisms within the digital realm. Under the new provisions, qualified agents from the Moroccan Bureau of Copyright and Neighboring Rights are authorized to access physical premises, information systems, and transportation means for inspection as stipulated by law. They are also empowered to review records and documents, take copies, and seize equipment, materials, tools, and documents linked to identified violations.
The relevance of these provisions is especially pronounced in digital crimes, as evidence is no longer confined to physical formats or compact discs but can be associated with computers, phones, information systems, or documents and data linked to unlicensed commercial activities. Violations are documented in reports submitted to the competent judicial authorities, and the law criminalizes obstructing authorized agents or preventing them from performing their designated duties. Additionally, the judicial role in halting unauthorized exploitation of content is significantly reinforced; in cases of infringement of rights protected by law, courts can issue orders or rulings to cease such violations. Importantly, this mechanism is not necessarily limited to the individual who directly broadcasts, as it may extend to any individual or entity that, by virtue of their role or jurisdiction, can halt this transmission when it pertains to public broadcasting.
These provisions reflect the nature of the Internet, where the service operator may be in one country, the server or technical infrastructure in another, while the audience consuming the content resides in a third country.
As the law comes into effect, the technical aspects emerge as one of the primary challenges in its enforcement. Hazzaz argues that combating pirated IPTV should not rely solely on shutting down links or websites as they appear, but rather on transitioning to monitoring the networks behind broadcasting operations. This necessitates a comprehensive system that includes digital surveillance, server and domain analysis, tracking rebroadcast sources, as well as collaborating with content rights holders, platforms, and hosting providers, in addition to following the financial aspects of networks generating revenue from illegal subscriptions. He also emphasizes the importance of technologies such as content fingerprinting, digital watermarking, and threat intelligence in identifying leak sources and connecting accounts, websites, and servers.
However, the confrontation does not end with technical capabilities within Morocco, as part of these networks may be distributed across different countries, making international cooperation a crucial element in implementing enforcement actions. Hazzaz explains that the scenario could involve a user in Morocco, a distributor in a second country, a server in a third, while broadcasting rights belong to an entity in a fourth country.
Alongside monitoring and investigative mechanisms, the law contains punitive provisions related to the unauthorized exploitation of copyright and neighboring rights, especially when the act is performed intentionally and for commercial gain. In certain cases specified by law, penalties can range from imprisonment for two to six months and fines from 10,000 to 100,000 dirhams, or either of these penalties alone. The law further escalates punishment in cases of repeat offenses within five years of an initial final ruling, with penalties in specified cases reaching imprisonment from one to four years and fines from 60,000 to 600,000 dirhams, or one of these penalties alone. Here, the phrase 'with intent for commercial exploitation' is particularly significant, especially concerning the activity of selling pirated subscriptions, as it distinguishes between forms of exploitation targeted by the punitive aspect and mere use of the technology itself.
This raises the question: does this mean that every IPTV user is at risk of legal action? In conclusion, the implementation of the law signifies a pivotal moment in Morocco’s fight against digital piracy, particularly within the realm of IPTV services.
As reported by thevoice.ma.
