[Column] Frikkie Jonker : Content piracy: A complex web of causes

Content piracy is acknowledged as having enormously negative social impacts. It is a type of global organised crime that undermines the creative sector. However, what is not often discussed is what drives content piracy. What leads people to steal content?

Unfortunately, the African continent is something of a global dumping ground for inferior products. This is practised in the area of legitimate trade, but also in the criminal underworld. Outdated regulations, inefficient law enforcement, bribery and corruption all play a role in this.

Despite this, African authorities are doing a heroic job fighting cybercrime and content piracy. There have been huge successes in the prosecution of content piracy operations.

Criminal risk assessments

To understand why Africa becomes a target for piracy, it is useful to look at things from the perspective of a global criminal syndicate. They will often follow the path of least resistance – and for better or worse, Africa is attractive territory.

When it comes to content piracy, Africa has low barriers to entry, and an almost limitless demand for cheap content.

In terms of penetration success – circumventing cybersecurity measures – they may achieve a success rate of 70%, which compares favourably with other territories. This – coupled with Africa’s billion-strong population – is a key supply driver of content piracy.

From the demand side, a potential user of content piracy will do a similar assessment. There would be the risk of possible prosecution. Of being named and shamed. A risk of downloading viruses and malware onto their devices… However, despite all of this, they may choose to take that risk.

There may be a sense that content piracy is a relatively minor crime, compared to crimes such as murder, rape and grand corruption. In reality, though, content piracy is not a minor crime.

Changing attitudes

Unfortunately, where there are few consequences, the barriers to using stolen content are so much lower.

Changing people’s attitude to the crime of content piracy has to be an industry-wide campaign. The creative industry must unite, and address the issue collectively – as they have done through pan-African initiatives like Partners Against Piracy (https://apo-opa.co/4dniljz).

Government attitudes, too, are critically important. Where a government sees content piracy as an insignificant issue, they are allowing the sabotage of their own country’s creative and entertainment sector.

But there are further impacts. When leading content businesses consider entering the African market, they need the reassurance that their content rights will be protected. Where a country is unable to provide such guarantees, the investments do not materialise.

Hi-tech enforcement

Fortunately, thanks to recent advances in AI, automation, watermarking and digital tracing capabilities, it is now possible to track down and prosecute consumers of pirated content rapidly, accurately and at scale.

In the UK, for example, police recently arrested as many as 2 000 people who were illegally viewing streams of English Premier League football matches. Similar cases are being pursued in Africa.

Piracy is often a multi-level operation, with global and regional headquarters, as well as regional resellers. It is now also possible for content owners and police to identify criminals at every level of these operations, as well as those who consume pirated content.

Economic impacts

Many people believe they simply cannot afford to pay for content. Entertainment often takes a back seat behind the need to put food on the table.

To some extent, premium content is a luxury, so one can understand this perception. However, pricing innovation by content platforms has led to entertainment packages at almost every price point. Financial difficulty is no longer an excuse for content piracy.

Prosecuting content piracy is not simply a harsh clampdown that spoils everyone’s fun. The war on content piracy has very real benefits – for everyone. 

It protects the livelihoods of creators, producers and rightsholders, ensuring that there can be more content in the future.

A content sector such as pay-TV has extremely tight margins. Up to 80% of revenue generated goes into producing and securing content. Given these margins, any content theft threatens the viability of the entire industry.

Major productions across Africa – in Nigeria, Ghana, Kenya, Tanzania, Mozambique, and many other countries – sustain thousands of jobs – in production, performance, set and costume design, all the way through to catering, transport and accommodation. The war on piracy is a war to protect these jobs.

In the case of sports events, it is largely the legitimate allocation of broadcast rights that ensures modern professional sport can exist in the first place.

Another benefit of stopping piracy is that it preserves the support ecosystem that maintains trust in content platforms and their ongoing viability. In the legal economy, people invest in people – in their entertainment, their livelihoods and their peace of mind. Enriching their lives. By subscribing to legal content, legal users support this ecosystem.

The reasons for content piracy are complex. But the benefits of a creative economy free of piracy are plain to see. Content entertains, it nurtures, it captures society’s imagination. It helps build local culture. Hence the battle against piracy: to preserve and grow this remarkable industry.

Frikkie Jonker is the director of broadcast cybersecurity and anti-piracy at Irdeto, a partner of Multichoice Africa