A Kenyan High Court has ordered two internet service providers to pull down and disable 141 websites that have been pirating and re-broadcasting content owned by pay television service provider Multichoice, the Daily Nation reported. Justice Winfrida Okwany directed Safaricom and Jamii Telkom to take down the sites following an application filed by Multichoice claiming that the websites were infringing its copyright.
Multichoice based its application on provisions of section 35B of the Copyright Act, which enables an aggrieved person to approach court and seek an injunction against a person facilitating the infringement of copyright. The said section says that a person whose rights have been infringed by content to which access is being offered by an ISP may request removal by way of a takedown notice.
The temporary order requires the two internet providers to block access to websites streaming sports matches pirated from its SuperSport channels. SuperSport had announced it would showcase all 1,140 matches of the new football season and broadcast all 380 Premier League matches. The court heard that Multichoice had issued the internet providers with a notice dated 29 October 2019 to take down the websites but they had delayed doing so.
Kenya Copyright Board (KECOBO) and the Communications Authority (CA) are listed as interested parties in the case. In its court papers, Multichoice indicated that rebroadcasting, re-transmitting or replicating its exclusive content without its authorisation is a breach of copyright rules.
The firm argued that should the practice continue, it stood to suffer irreparable economic loss not to mention other losses and evils that piracy perpetrates. However, Safaricom and Jamii Telecom have denied infringing Multichoice’s copyright rights, arguing that their role is just to provide internet to their clients. The two firms argued that they do not have control of what their clients do with the internet. They told the court that it is the work of the Communication Authority of Kenya (CA) to block any website or pull down any content that is infringing the rights of Multichoice.
Justice Okwany heard that the 141 websites do not belong to the internet service providers. They insisted that the dispute can only be determined if the case is heard in full. The temporary order will remain in force hearing and determination of the case slated for 03 March 2021.