High Court orders ISPs to block pirating websites
By Jacktone Lawi, June 25, 2022
COPYRIGHTS: High Court yesterday confirmed a permanent injunction compelling internet service providers (ISPs) to block sports pirate websites infringing on copyrighted material.
In November 2019, Multichoice Kenya filed a suit against Safaricom Plc and Jamii Telecom Ltd seeking to compel the ISPs to block live sports streaming sites on their networks.
The High Court had earlier issued a temporary order to the ISPs to block the said infringing content but the same was swiftly stayed by the Court of Appeal on application by Safaricom.
In delivering her verdict, Justice Wilfrida Okwany made a finding that MultiChoice Kenya had lawfully issued valid take-down notices to the ISPs and they ought to have complied with the same.
She further found that the ISPs have not given any lawful excuse for their failure to comply with the take-down notices.
On delivery of her ruling, Safaricom requested and was granted by the court 72 hours to comply with take-down notices. The ISPs have long opposed the takedown provisions in the Copyright (Amendment) Act and had sought to have the takedown provisions wholly repealed from the Act 18 months after they’re coming into force.