The document proposes to supplement the Code of Offences with a new article: “Commercial activity using illegal devices”. This refers to programs and equipment designed to gain access to paid services without the permission of the right holder.
What sanctions will be provided for
According to the bill, the production, import, distribution, sale, lease or storage for commercial purposes of illegal devices will be punishable by fines:
– for individuals – from 30 to 90 conventional units;
– for officials – from 36 to 120 conventional units;
– for legal entities – from 240 to 300 conventional units, with possible deprivation of the right to engage in certain activities for a period of 6 months to one year.
Separately, liability is established for installation, maintenance or replacement of such devices for commercial purposes. In this case, fines are provided for:
– for individuals – from 24 to 30 conventional units;
– for officials – from 90 to 180 conventional units;
– for legal entities – from 120 to 240 conventional units.
As Logos Press has already written, illegal devices are programs or equipment created to access paid services without the permission of the provider. We are talking, in particular, about pay TV, online streaming, video and audio subscriptions. Such services include streaming platforms and online movie theaters, such as Netflix and other similar services.
What it’s for
As noted in the rationale of the project, the introduction of a system of sanctions will provide enhanced legal protection against fraud and piracy in the sphere of audiovisual and broadcasting media broadcasting. Criminalization of illegal commercial activities will reduce unfair competition from market-disrupting entities, which in turn will lead to an increase in legal revenues and stimulate investment in network development and content creation.
The bill also harmonizes national legislation with European norms by transposing the provisions of the EU Directive on the legal protection of services based on conditional access.
If finally adopted, the law will enter into force on May 13, 2027.
The Ministry of Internal Affairs and the National Regulatory Agency for Electronic Communications and Information Technology will act as certifying agents.
It should be noted that in the Commission for European Integration this draft did not get enough votes. But at the plenary session, the majority – 67 deputies – voted in favor of it.
