South Africa: Icasa to regulate TV sector and piracy consequences

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CAPE TOWN - The Independent Communications Authority of South Africa (Icasa) has begun public hearings into regulating TV subscription services in South Africa, reports Business Tech.

This has brought much attention to internet streaming, in particular, Netflix. According to head of Social Media Law at Shepstone Wylie, Verlie Oosthuizen, Multichoice did not have much competition, before the entry of streaming services like Netflix.

Oosthuizen also reportedly raised concerns about the fact that streaming services are not regulated in the same way that subscription TV services are.

This is because these streaming services do not fall within the authority of Icasa or the Film and Publications Board (FPB).

Regulations and consequences

Currently, it is not considered an illegal act to watch streaming content online. However, it should be done in a manner that is not fraudulent or where the content is pirated.

Individuals who stream online content should also not disguise their IP address but they are able to use virtual private networks (VPNs) and not be criminally charged.

Individuals who download pirated content also cannot be criminally liable. However, they may be accountable for damages that the copyright owner experiences.

Notably, by uploading pirated material, individuals can be held criminally liable.