South Africa’s punishment for Internet piracy

South Africans found guilty of content piracy can face a fine of up to R2 million and a prison sentence of up to 10 years.

This is according to the anti-piracy director at MultiChoice’s Irdeto, Frikkie Jonker.

In its general sense, content piracy refers to the illegal copying, distribution, and usage of licensed and copyrighted content. Therefore, piracy not only refers to distributing pirated content but also to its consumption.

Jonker told MyBroadband that the following crimes constitute content piracy according to the Cybercrime Act 19 of 2020, and individuals can face a punishment of a fine, imprisonment of up to 10 years, or both.

Having unlawful access to content. This refers to anyone who accesses a computer data storage medium on which the pirated content is stored.

Unlawful interception of data and possession of intercepted data. Anyone who intentionally intercepts content unlawfully or possesses content that they know has been illegally intercepted.

In this case, interception is the acquisition, viewing, copying, or capturing of non-public data using hardware or software.

Unlawful interference with data or computer programs. To interfere, in this case, means to delete, alter, render vulnerable, damage, deteriorate, obstruct, or deny access to data, which includes content.

Computer-related fraud. Anyone who attempts to create a misrepresentation to create actual or potential prejudice of another person by using or interfering with content data.

Unlawful acquisition, possession, or use of passwords or access codes. Anyone found to have acquired, possessed, shared, or used a password or access code to contravene the above.

Possession of software or hardware tools used for contraventions. This refers to the possession of any software or hardware that allows for the infringement of any of the above is deemed illegal.

For a repeat offender, direct imprisonment can be imposed.

Jonker said content pirates can also be tried according to the Copyright Act 98 of 1978.

Section 27 states that anyone found guilty of infringing on a right holder’s rights through unauthorized distribution, reproduction, or sale of unlicensed material can face a fine of up to R5,000 and a maximum prison sentence of three years.

The RICA Act 70 of 2002 states in section 45 that anyone found selling or possessing infringing devices such as illegal streaming boxes can face a fine of up to R2 million and a maximum prison sentence of 10 years.

If the device is not approved by the Independent Communications Authority of South Africa (Icasa), Jonker says additional charges can be brought for contravening the Icasa Amendment Act, Act 3 of 2005.

Content piracy remains rife in South Africa because consumers don’t see it as a crime, and circumventing cybersecurity measures is easy for pirates, says Jonker.

He said Africa has shallow barriers to entry for content piracy, making it very attractive for criminals who seek the path of least resistance.

“In terms of penetration success – circumventing cybersecurity measures – they may achieve a success rate of 70%, which compares favourably with other territories,” he said.

“This — coupled with Africa’s billion-strong population — is a key supply driver of content piracy.”

This makes the supply side seem very attractive to criminals. As for the demand side, Jonker says there needs to be a change of attitude towards content piracy being a crime.

“Changing people’s attitude to the crime of content piracy has to be an industry-wide campaign,” he said.

“The creative industry must unite and address the issue collectively — as they have done through pan-African initiatives like Partners Against Piracy.”

Jonker points out that government policy also influences the attitude towards piracy within a state — whether this is seen an important issue or one that needs to be sidelined.

If the government views it as an insignificant issue, it has even further ramifications than letting crime flourish; foreign content businesses like Netflix or Amazon may hesitate to enter the country without the correct reassurance.

However, because of technological advancements, Jonker and his team can track down and prosecute pirated content rapidly, accurately and at scale.

“Piracy is often a multi-level operation, with global and regional headquarters, as well as regional resellers,” Jonker said.

“It is now also possible for content owners and police to identify criminals at every level of these operations, as well as those who consume pirated content.”

Jonker also believes that “financial difficulty is no longer a reason for piracy” and that the crime puts many people’s livelihoods in danger.

He says that clamping down on piracy protects the welfare of creators, producers, and rightsholders and the thousands of jobs across Africa that the creative industry sustains.