ECT Act could put pirate viewers in jail

Johannesburg, 30 Jun 2003

Internet law company Buys Incorporated has added its voice to warnings that pirate TV viewers could face jail sentences in terms of the provisions of the Electronic Communications and Transactions (ECT) Act. This follows a court case between MultiChoice and a pirate TV viewer.

The MultiChoice pirate viewers were prosecuted in terms of outdated broadcasting legislation and not in terms of the new ECT Act.
Reinhardt Buys, Internet attorney, Buys Inc.

Last week, the media reported on a Cape High Court judgment that let a pirate viewer off the hook after prosecution by the state in terms of the Broadcasting Act of 1999. The findings implied that MultiChoice had been broadcasting without a licence as it only had permission from the Independent Broadcasting Authority of SA to offer its subscription satellite services.

MultiChoice responded with a statement that until 1999 it was not required to hold a licence, because satellite broadcasting was not regulated. It said the company now complied with the requirements and timeframes of the Broadcasting Act of 1999 and the subsequent Broadcasting Amendment Act of 2003.

"The Cape High Court decision on the case last week appeared to indicate that pirate viewing and tampering with TV decoder smart cards were not crimes in SA," says Internet attorney Reinhardt Buys.

"In fact, nothing could be further from the truth," says Buys. "The MultiChoice pirate viewers were prosecuted in terms of outdated broadcasting legislation and not in terms of the new ECT Act."

MultiChoice spokesman Lebogang Hashatse said pirate viewers were not a problem for the company and that it had the issue under control. Hashatse said even if MultiChoice was not afforded any protection in terms of the Broadcasting Act, "companies were protected as piracy was generally considered an illegal act".

Buys points out: "In terms of section 86 of the ECT Act, a person who intentionally accesses data without the permission or authority to do so, is guilty of an offence and may face imprisonment of up to 12 months or a fine. Furthermore, tampering with a smart card is also a criminal offence that may result in a heavier fine or five years in jail. The Act`s definition of 'data` is wide enough to include digital TV broadcasts.

"Any person who assists a pirate viewer in gaining access to a pay satellite TV channel also commits an offence. The MultiChoice pirate was lucky not to be prosecuted in terms of the ECT Act, as his fate would have been dramatically different," says Buys.