MultiChoice lobbies for laws to force ISPs to block users

While the ISPA insists ISPs are under no obligation to impose user surveillance programmes to combat piracy, Multi Choice wants to change this.

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Newsroom

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Oct 30, 2024

MultiChoice lobbies for laws to force ISPs to block users

MultiChoice, the South African broadcasting giant and owner of DStv, has escalated its campaign against illegal streaming in South Africa, pushing for new legal frameworks to curb piracy. In submissions to government authorities, MultiChoice has lobbied for reform, arguing that current laws limit both the company’s and Internet service providers’ (ISPs) ability to act decisively against the proliferation of streaming piracy. This effort reflects a broader industry trend, with the pay-TV provider recently securing several arrests linked to unauthorized streaming services.

However, for South Africa’s ISPs, monitoring users’ Internet traffic to assist in this crackdown would require a significant overhaul of existing privacy legislation and impose an onerous administrative burden. ISPs, operating under tight margins and committed to customer service, are unlikely to support such costly measures. Under current South African law, ISPs are bound by strict privacy protections, such as the Protection of Personal Information Act (POPIA), which prohibits the interception and monitoring of subscriber traffic without legal grounds. While ISPs must collect and store user information for law enforcement requests, real-time monitoring of customer communications remains off-limits.

The South African Internet Service Providers Association (ISPA) has clarified that ISPs are under no legal obligation to surveil their networks for illegal activity. Nevertheless, recent amendments to the Domestic Violence Act require ISPs to assist authorities in cases involving online harassment and domestic abuse by removing offending content and providing information about alleged offenders. Such interventions, however, are tightly regulated, underscoring the legal constraints around proactive monitoring.

MultiChoice’s anti-piracy director, Frikkie Jonker, suggests that the crackdown may soon extend beyond distributors to consumers of illegal streaming services. Jonker warned that once legal action against operators is concluded, MultiChoice could pursue civil and even criminal litigation against end-users of pirated content. MultiChoice’s recent arrests include individuals accused of distributing pirate streaming devices and credentials for unauthorized platforms such as Waka TV. Jonker disclosed that MultiChoice’s proprietary tools can identify specific DStv accounts linked to piracy, enabling the company to disable them systematically.

Though MultiChoice’s efforts may alarm consumers, the company remains resolute. “We are going after the whole ecosystem,” Jonker remarked, suggesting a zero-tolerance policy that aims to dismantle illegal streaming networks at all levels.

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