A new case of blocking streaming sites and IPTV services in sports

Remember that Article L. 333-10 of the Sport Code created by Law No. 2021-1382 of October 25, 2021 relating to the regulation and protection of access to cultural works in the digital age and amended by Law No. 2022-296 of March 2, 2022 aimed at democratizing sports in France provides for a mechanism to combat the illicit retransmission of sports events and competitions which allows any right holder to seize the President of the Judicial Court, ruling according to the accelerated procedure on the merits or in summary proceedings, in order to obtain all proportionate measures capable of preventing or putting an end to serious and repeated infringements of his rights, against any person likely to contribute to remedying it, in particular by blocking, withdrawing or immediately delisting the site (see our article  “Innovative legal tools to fight against new forms of piracy of November 9, 2021)

Two recent decisions illustrate the interest of this mechanism for protecting rights holders audiovisual exploitation of sporting events.

The French Tennis Federation (FFT), official organizer of Roland Garros noted that many websites accessible from mainland France and overseas were streaming the tournament matches free of charge and live from May 16 to June 5, 2022. The FFT, holder of the tournament operating rights , then summoned, on the basis of Article L. 333-10 of the Sports Code in summary proceedings from hour to hour, the main internet access providers to prevent access from French territory to the 19 disputed sites until the end of Roland-Garros. The interim relief judge had ordered a blocking measure on May 25, 2022 against the disputed sites.

Again on the basis of Article L. 333-10 of the Sports Code, on October 10, 2022, at the request of the Professional Football League (LFP), the Judicial Court of Paris ordered the blocking by French ISPs many streaming sites and three major pirate IPTV services broadcasting without authorization the Ligue 1 Uber Eats and Ligue 2 BKT championships.

In these two cases, these decisions allow the Regulatory Authority for Audiovisual and Digital Communication (ARCOM), created on January 1, 2022 from the merger of the Superior Audiovisual Council (CSA) and the High Authority for the Broadcasting of works and the protection of rights on the Internet (Hadopi) to request as soon as possible also blocking mirror sites and sites not yet identified at the stage of referral to the Court of Justice and orders issued.

We welcome theeffectiveness of this device and these new decisions.