Malaysia’s updated copyright law imprisons streaming pirates for up to 20 years

Despite technological advancements, illegally streaming series or movies is still an infringement of copyright rules. As a result, Malaysia intends to enforce strong penalties, including lengthy prison sentences for individuals who commit the crime.

Malaysia’s Move Against Streaming Pirates

In Malaysia, 22% of online consumers access pirate streaming, down by 64% since August 2019, according to a YouGov survey of 1,123 consumers commissioned by the Asia Video Industry Association’s Coalition Against Piracy (AVIA’s CAP) and released in September 2020.  The number of consumers using illicit streaming devices was similarly down, by 61%, compared with 2019.

Site blocking policies enacted by Malaysia’s Ministry of Domestic Trade and Consumer Affairs (MDTCA) has driven significant changes of consumer behavior around streaming.  Malaysia’s Ministry of Domestic Trade and Consumer Affairs (KPDNHEP) also initiated site blocking policies in February 2020.

Now, nearly half (49%) say that they no longer access piracy services, and 40% access them only rarely.  20% of consumers surveyed have migrated to paid streaming services, while 15% spend more time watching free ad-supported services from local streaming providers and 65% watch ad-supported services from international sources.

Illegal streaming, while widespread around the world, has the potential to be extremely costly in Malaysia. While other countries may have more forgiving penalties for unauthorized streamers, Malaysia is taking things a step further by enforcing fines and even a possible prison sentence on those convicted.

House of Representatives Passes Copyright Amendment Bill

Malaysia’s House of Representatives has passed the Copyright (Amendment) Bill 2021 with new measures that more closely address illegal streaming issues. “Act 332 is revised to ensure the implementation of copyright law and will provide more effective protection, relevant to current needs, while meeting the needs of the business community and stakeholders.” .

The amendments focus on those involved in providing or facilitating the publication of illegal streaming content. The new law also emphasizes the term “streaming technology” to address a broader scope of infringement, including computer programs and devices used in the process of piracy. The practical application of these amendments will still be considered, but seems to have increased the penalty frame for violators.

Highest fines for illegal streaming violations

The first part of the amendment addresses those who “infringe or facilitate” copyright through the manufacture of streaming equipment and technology for sale or rental, import of the technology, owns or distributes streaming technology in the course of business. To be more precise, these actions are all “adversely affecting the copyright owner” and deserve to be penalized.

Anyone who violates these amendments will be guilty of an offence, and upon conviction will be subject to a minimum fine of 10 thousand ringgit ($2,377), up to a maximum of 200,000 ringgit ($47,545).

Streaming Pirates Could Face Both Fines and Prison Time

Worse, depending on the court’s findings and the nature of the offense, violators may be sentenced to both a fine and prison time. The amended rule, according to Engadget, also harshly discourages specific corporations from participating in streaming piracy or simply tolerating its presence.

Managers can avoid a punishment or penalty if they can demonstrate that they were not aware of the violation and that they exercised “all necessary effort” to prevent future violations. If they are unable to do so, they will be found guilty of the offense in question.

International Digital Piracy Dilemma

Digital piracy is typically covered by opyright laws in place around the world. However, some of them were created specifically to combat downloads and other earlier kinds of piracy.

This was a significant difficulty for Malaysia, as the government was unable to use the Copyright Act to punish individuals selling piracy-related streaming services until a High Court judgement allowed these cases to be included.

Violating Malaysia’s Copyright Act Comes with Tough Repercussions

The possible penalties for breaking the Copyright Act are severe, and the wording suggests that some businesses will find it difficult to avoid entanglements with rogue employees.

Engadget also discussed how much due diligence is required to prevent becoming a victim of this crime. Furthermore, this demonstrates how some countries might particularly handle streaming by legal changes.

This will please the United States and other copyright-conscious countries concerned that other countries continue to promote unlawful internet services. With many countries’ present laws focusing solely on unlawful downloading, Malaysia’s determination to enforce its anti-streaming regulation broadens the area of piracy that can be addressed.