During the pandemic, content consumption skyrocketed, and this also saw the rise of streaming services such as Netflix, HBO GO, and Viu. The insatiable demand for content has also unfortunately caused a hike in the number of illegal distribution of content.

In March, three men were fined RM39k for selling unauthorised Android boxes. Now, two individuals have been charged at the Kuala Lumpur Session Court (Cyber) under Section 43AA of the Copyright (Amendment) Act 2022 for selling TV Boxes pre-loaded with unauthorised content.

This may be something that many members of the public are unaware of as it was just introduced last year. On 10 February 2022, the Copyright (Amendment) Act 2022 was gazetted. Then on 18 March 2022, enforcement of the law was implemented by the Domestic Trade and Consumer Affairs Ministry (KPDNHEP).

The key impact of the amendment is the criminalisation of the sale of illicit streaming devices (ISDs) and associated software applications that allow unauthorised access to copyright content. These offer users access to hundreds of pirated TV channels at a low fee.

You may have come across sellers on online shopping platforms offering TV boxes with access to streaming platforms at unbelievably cheap prices but make sure these are legit before placing your payment, guys!

The case involving the two sets a precedent as the first case charged under Section 43AA of the Act since the amendment took effect in March 2022. On 21 Jun 2022, three Android boxes pre-loaded with unauthorised Astro content were confiscated by the Royal Malaysia Police (PDRM)'s team from Cyber Crime Investigation Unit, Commercial Crime Investigation Department during a raid at a kiosk in Komplexs Emart, Kuala Lumpur. The owner of the kiosk, Yap Kim Fatt (aged 42 years old), and his salesperson, Chu Kar Wai (aged 29 years-old) were charged.

According to Section 43AA of the Act, any person who commits or facilitates copyright infringement by manufacturing, importing, selling, or letting for hire, distributing, or offering to the public a streaming technology is considered committing an offence and once convicted, can be fined up to RM200,000, imprisoned for up to 20 years, or both.

The individuals were further charged for violating Regulation 16(1)(b) of the Communications and Multimedia (Technical Standards) Regulations 2000, which may lead to imprisonment for up to six years, or a fine of up to RM100,000 or both, if convicted.

At the hearing, both individuals pleaded not guilty to their charges and were granted court bail of RM15,000 each.

Besides being damaging to the creative content industry, piracy is also often linked to malware, ransomware and spyware, so take note guys!

Here's how you can report any activities related to piracy that you come across:

Image credit: Glenn Carstens-Peters on Unsplash