High Court directs Safaricom and Jamii Telkom

High Court directs Safaricom and Jamii Telkom to pull down and disable 141 sites suspected of infringing on Multichoice Kenya copyright.

The directive is a win for Multichoice whose earlier served takedown notice that was not acted upon by the internet service providers (ISPs).

“A temporary order is hereby issued as per section 35D (2) of the Copyright (Amendment) Act 2019 to the respondents to prevent or impede the use of its service to access a service, website place, domains or facilities, " the order read.

" This may be replaced or moved from time to time situate in or outside Kenya that is used to infringe the Applicant’s copyright,” read part of the orders.

141 websites accused of carrying Multichoice content that airs on its SuperSport channels without permission and opposed to the Copyright Act.

In their defence, Safaricom and Jamii Telkom maintain that the responsibility of pulling down the contents of the website lies with the Communication Authority of Kenya (CA) which is an interested party in the suit.

The court has referenced amendments to made to the Copyright Act in 2019 section 35B which allows a person to issue a copyright strike against ISPs allowing access to the infringed content which is the first case in the Country.

The case which also names the Kenya Copyright Board (KECOBO) as an interested party and the next hearing is on March 3, 2021.

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