
Mr. Rahul Bagga
Founder, Aumirah
Individual Member, BRICS CCI
INTRODUCTION
Digital piracy has significantly evolved with technological advancements and shifting consumer behaviours, encompassing illegal downloading, streaming, and distribution of copyrighted content. From the early days of Napster’s music file- sharing to today’s sophisticated torrent websites and unauthorized streaming platforms, piracy has become a persistent challenge. In the UAE, robust legal frameworks, including Federal Law No. 7 of 2002 and its amendments, the Cybercrime Law, and telecommunications regulations, have been established to combat digital piracy and protect intellectual property rights. Recent initiatives, such as the UAE’s new intellectual property system, aim to enhance innovation and creativity, exemplified by the “InstaBlock” initiative for real-time enforcement of IP rights.
Legal Provisions in the UAE
The UAE has enacted legislation to combat digital piracy and protect intellectual property rights. Legal provisions relevant to addressing digital piracy include:
- Federal Law No. 7 of 2002 on Copyrights and Related Rights: This law provides the legal framework for the protection of copyright and related rights in the UAE. It grants copyright holders exclusive rights over their works and establishes penalties for copyright infringement, including fines and imprisonment. This law was later amended by Amended by Law No. 32 for the year 2006 Regarding Copyright & Related Rights and later in 2021.
- Federal Decree-Law No. 38 of 2021 on Copyright and Neighbouring Rights: This law amended the “Federal Law No. 7 of 2002 on Copyrights and Related Rights”. It grants copyright holders exclusive rights over their works and establishes penalties for copyright infringement, including fines and imprisonment.
- Cybercrime Law: The UAE Cybercrime Law (Federal Law No. 5 of 2012) criminalizes a wide range of cyber offenses, including unauthorized access to computer systems, data interception, and online piracy. The law imposes severe penalties for cybercrimes, reflecting the government’s commitment to combating digital piracy and safeguarding cyberspace.
- Federal Decree-Law No. (34) of 2021 On Countering Rumours and Cybercrimes: It repealed the earlier law Cybercrime Law (Federal Law No. 5 of 2012). This law on combatting rumours and cybercrimes. Federal Decree Law No. 34 of 2021 on Combatting Rumours and Cybercrimes took effect on 2 January 2022. The law provides a comprehensive legal framework to address the concerns relating to the misuse and abuse of online technologies.
- Telecommunications Regulations: The UAE’s Telecommunications And Digital Government Regulatory Authority (TDRA) implements regulations governing internet service providers (ISPs) and telecommunications networks. These regulations may include provisions related to blocking access to websites hosting pirated content and enforcing copyright protection measures.
The InstaBlock Initiative:
The InstaBlock initiative is a significant component of the new IP system, focusing on the swift enforcement of intellectual property rights. This service is dedicated to addressing complaints regarding livestream copyright infringements and operates in collaboration with the Telecommunications and Digital Government Regulatory Authority.
Key Elements of InstaBlock:
- Real-Time Response: InstaBlock employs advanced technology to monitor and address copyright infringements as they occur, ensuring immediate action is taken against violators.
- Collaboration with ISPs: The initiative works closely with internet service providers (ISPs) to implement effective blocking measures, ensuring rapid compliance with legal requirements.
- Automated Blocking Mechanism: Utilizing an automated system to detect and block infringing livestreams, InstaBlock enhances the efficiency and speed of enforcement actions.
- Legal Compliance: InstaBlock operates under the UAE’s legal framework, ensuring that all actions are in accordance with national laws and regulations governing intellectual property rights.
Impacts and Objectives of InstaBlock:
- Deterrence: InstaBlock seeks to prevent copyright infringement and to foster respect for intellectual property rights by swiftly restricting access to unauthorized livestreams.
- Content Creator Protection: By guaranteeing that their works are not illegally distributed, the program protects content creators’ creative and financial interests.
- Support for Innovation: InstaBlock’s protection of intellectual property fosters an atmosphere that is conducive to creativity and innovation, which is in line with the UAE’s overarching objectives of rising in the Global Innovation Index and developing into a major hub for the new economy worldwide.
In order to stand strong in fight against digital piracy, the UAE should consistently improve its legal frameworks to tackle developing trends and technology, guaranteeing that laws stay efficient in countering new kinds of infringement. Allocating resources to implement cutting-edge technology solutions for monitoring and detecting piracy will enhance the capacity to promptly identify and prevent the distribution of unlicensed content. Enhancing international collaboration will enable a cohesive global strategy, facilitating the exchange of optimal methods and resources. Public awareness plays a crucial role in educating the consumers about the significance of intellectual property rights and the repercussions of piracy, while also encouraging ethical consumption of digital content. By offering legal aid and tools to content producers, as well as establishing venues for reporting copyright violations, we can safeguard their economic and creative interests. It is important to establish regular assessment and feedback systems in order to evaluate the performance of initiatives such as InstaBlock.
This will enable constant improvement based on input from stakeholders. Implementing incentives, such as tax benefits or recognition programs, for ISPs and other stakeholders to adhere to anti-piracy measures can foster greater support and involvement in these initiatives. These extensive efforts will establish a conducive atmosphere for innovation and creativity, in line with the UAE’s goal of becoming a worldwide centre for the emerging economy.
Conclusion:
The InstaBlock initiative, with its real-time response to livestream copyright infringements, highlights the UAE’s innovative approach to combating digital piracy. By collaborating with internet service providers and employing automated blocking mechanisms, InstaBlock not only deters potential infringers but also safeguards the interests of content creators. This initiative, along with the broader IP system, plays a crucial role in fostering a conducive environment for innovation and creativity, reinforcing the UAE’s vision of becoming a global hub for the new economy and enhancing its position in the Global Innovation Index.