The Commission intends to adopt a Recommendation on the piracy of live content, providing a toolbox to combat the illegal streaming of live events, in particular sport events.

Building on relevant EU legislative instruments, the Commission will encourage Member States and private parties to use the tools available in EU law to tackle the illegal online transmission of live content more efficiently.

The Commission wants to identify the best available means in EU law to help broadcasters and live events organisers, including sports event organisers, to prevent unauthorised retransmissions of broadcasts of live events, which are generally achieved through the illegal capture of the broadcast signal.

Given the constant evolution of the means used to illegally stream live events, which are becoming increasingly sophisticated (3.6% of the EU population engages with unauthorised IPTV consumption, generating nearly EUR1 billion according to EUIPO figures), it is imperative that effective solutions are identified, the Commission says.

Various remedies against unauthorised retransmissions of content already exist in EU law, e.g. the recently adopted Digital Services Act (DSA), which provides a robust framework to counter illegal content online throughout the EU by harmonising the rules on notice and action mechanisms and will streamline the processing of notices sent to providers of hosting services to remove unauthorised retransmissions of live events. The Copyright Directive (2001/29/EC) and the Enforcement Directive 2004/48/EC) also provide remedies, including injunctions.

In the Recommendation, the Commission will recommend to Member States and industry the best use of these existing tools specifically to combat the unauthorised retransmission of live events. It will also promote cooperation amongst market participants and amongst relevant administrative authorities.

The Recommendation will focus on three main areas:

1. the importance of ensuring the prompt removal of content that has been identified as an unauthorised retransmission of a live event;
2. how the legal remedies provided for in the Enforcement Directive can be used to address the unauthorised retransmission of live events; and
3. Member State experience with live blocking injunctions, paying particular attention to the need to respect fundamental rights.

The Call for Evidence aims to gather experience and evidence from all relevant stakeholders on:

1. the extent of unauthorised retransmissions online of live events;
2. the processing of notices by online intermediaries in relation to live events;
3. the efficiency of live blocking injunctions and the safeguards in place ensuring respect of fundamental rights;
4. the practices and challenges of addressing unauthorised retransmissions of live events affecting Member States; and
5. the role of national authorities, e.g. in the use of live blocking injunctions, and experience of or opportunities for cross-border cooperation.

The Commission will also organise targeted and structured meetings with stakeholders (e.g. online platforms and intermediaries, rights holders, consumers and user associations) and Member States. The deadline for responding to the Call for Evidence is 10 February 2023. To access the Call for Evidence, click here.