European Union: Adopted EU Commission Recommendation on combating online piracy of live content

On 4 May 2023, the European Commission adopted the Recommendation on combating online piracy of live content. The Recommendation aims to provide Member States and private entities, including providers of intermediary services, with the tools to address the illegal streaming of live events online. In particular, the Recommendation clarifies the applicability of the Digital Service Act to the online piracy of live content, noting that infringements can be notified. Platforms would be required to prioritise assessing the flagged content and take urgent action to minimise the harm of illegal streamings. Furthermore, the Recommendation suggests that Member States issue blocking injunctions based on the Directive on the enforcement of intellectual property rights and grant legal standing to the sports events organisers to enable them to seek an injunction. Finally, the Commission recommends organisers of live sports events and broadcasters to enhance the accessibility and affordability of their offerings and encourages Member States to inform consumers of lawful options for accessing the type of content.