This archive report was first published on 22 November 2019.
On October 29, MultiChoice served Safaricom and Jamii Telecom with a takedown notice, requesting them to remove pirated content from their platforms. However, the two firms ignored the notice, prompting MultiChoice to take legal action.
According to Section 35B of the Copyright Act 2019, Internet service providers are obligated to take down infringing content within 48 hours of receiving a takedown notice. MultiChoice is now seeking a court order to compel Safaricom and Jamii Telecom to block access to websites streaming pirated matches from its SuperSport channels.
President Uhuru Kenyatta signed the Copyright (Amendment) Act 2019 in September, introducing new clauses that placed liability for copyright infringement on Internet service providers. The new amendments have given regulators wider legal mandate in administrating legislation on copyright and intellectual property.
MultiChoice accuses Safaricom and Jamii Telecom of seeking to challenge the constitutionality of sections 35B, 35C, and 35D in a bid to scuttle enforcement of the new law. The case will put to the test the effectiveness of the newly enacted Copyright Act 2019 in addressing such disputes.
