Published in the Official Gazette on Aug. 10, the law updates the existing legal framework to better cover digital forms of broadcasting and content distribution, including activities carried out over the internet.
While the law does not specifically mention “IPTV,” its new provisions can apply to unauthorized IPTV services that redistribute television channels, sports events, films or other protected content without permission from rights holders.
The amended law expands the definition of broadcasting to cover the communication of works and recordings to the public through wired or wireless transmission, including satellite and electronic networks. It also expands the concept of transmission to the public to include digital and internet-based transmission.
For the first time, the law also explicitly defines “piracy” as the unauthorized exploitation of a protected work, performance, sound recording or audiovisual recording by any means, including digital means and the internet.
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This means that operators who commercially distribute unauthorized IPTV subscriptions or use servers and applications to retransmit protected content without the necessary rights could fall within the scope of the new provisions.
Courts given stronger powers
One of the law’s main changes concerns judicial intervention.
Under the amended Article 61, courts can order the prevention, suspension or termination of an infringement of protected rights. When the infringement involves transmission to the public, such orders can also target individuals or legal entities capable, through their functions or responsibilities, of stopping the transmission.
This could potentially include technical intermediaries such as internet or hosting providers, depending on the circumstances of a particular case.
However, the law does not establish an automatic system for blocking IPTV servers at the request of an administration. Any measures to stop unauthorized transmission remain subject to the legal and judicial procedures provided for by the legislation.
Stronger investigation and penalties
The reform also expands the powers of authorized officers investigating copyright violations. Within the limits of existing law, they can access and inspect premises, information systems and other relevant locations, examine documents and records, obtain useful information and seize equipment or materials connected to an infringement.
Violations are documented in official reports that are then referred to the competent public prosecutor.
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The law also maintains criminal penalties for several intentional infringements, particularly those involving commercial exploitation. Depending on the offense and circumstances, penalties can reach two to six months in prison and a fine of between 10,000 and 100,000 dirhams, or either punishment. In cases of repeat offenses covered by the law, penalties can rise to one to four years in prison and fines ranging from 60,000 to 600,000 dirhams.
Ultimately, Law 013.26 does not create a separate crime called “IPTV piracy.” Instead, it broadens Morocco’s copyright framework to clearly cover the digital and internet-based distribution of protected content, giving authorities and courts stronger tools to act against unauthorized broadcasting and commercial piracy.
