Judges Acquit a Total of 23 Pirate IPTV Subscribers: Personal Use is Not a Crime

Italians who simply view pirate IPTV via illicit subscriptions have been warned for months that their activities could be reported to the judicial authorities for potential prosecution. As part of an investigation into a pirate IPTV subscription seller, a total of 23 people have appeared in court in recent months for simply buying a pirate package. Judges in two separate proceedings have now acquitted all 23 after concluding that this type of piracy isn't actually a crime.

 According to an infamous anti-piracy PSA that just recently celebrated its 20th birthday, downloading a copy of a movie is the same as stealing a physical disc from a regular store, stealing a handbag, or even stealing a car.

These claims remain factually incorrect but at the time the PSA was released, rightsholders needed to drive a simple message home. While the act of stealing is instantly recognized by billions all over the world, two decades ago downloading a movie was still relatively new, mostly invisible, and didn’t even require physical media to exist.

Conflating a crime people understood with the act of downloading a movie may have helped some understand a new concept, but that still didn’t make the stealing claims true. In this context the unforgettable campaign slogan ‘Piracy is a Crime’ wasn’t the universal fit it claimed to be either. Nevertheless, twenty years later similar tactics are still in use, despite piracy itself being much more broadly understood.

Piracy Isn’t Always a Crime, Even When Dressed Up as Something Else

As telecoms regulator AGCOM warns that people who simply use pirate IPTV subscriptions risk having their details forwarded for prosecution, a case with alleged offenses dating back to January 2017 has been progressing in the background.

In summary, a man from Gallarate in northern Italy operated a website where pirate IPTV subscriptions were sold. After making payment via Postepay accounts that don’t provide anonymity, customers gained illegal access to streaming content owned by companies including Mediaset, Sky, DAZN, and Disney, but paid them nothing for the privilege.

In 2017, Europe’s highest court confirmed that simply streaming pirate content is illegal under copyright law, but prosecutors in Italy had a different idea. All 23 pirate IPTV subscription buyers were prosecuted for the crime of receiving stolen goods. It didn’t go well.

Two Different Case Tracks, Same Outome

Thirteen of the defendants opted to be heard under an abbreviated procedure which was heard recently, with the remaining nine defendants appearing before Judge Bianca Maria Todaro at the Court of Lecce in April this year.

The prosecutor argued that the defendants effectively profited from the cheap subscriptions and knew they were illegal. The company now known as Mediaset Premium spiced up the criminal procedure with an €80,000 civil claim for compensation.

Lawyers for the defendants argued that a decision dating back to 2005 clearly shows that, since violations were exclusively of an administrative nature, all of their clients should be acquitted of the alleged crime.

In her decision, Judge Todaro noted that the defendants had indeed purchased the pirate IPTV subscriptions, but had done so for strictly personal use. With no aggravating factors suggesting anything other than private consumption, the Judge said no crime had been committed. And since an administrative sanction was applicable, criminal convictions for receiving stolen goods were ruled out.

The administrative sanction for each defendant was €154, with a 33% discount available for those who settled their account within 60 days.

Thirteen IPTV Pirates Acquitted

The remaining 13 defendants appeared before Judge Roberta Maggio last week, charged with exactly the same crime of receiving stolen goods.

Judge Maggio acknowledged the purchase of the illicit subscriptions but said there was no evidence to show that any of the defendants sold, distributed, or held subscriptions for resale purposes.

Indeed, the decision states that the defendants’ possession of the subscriptions was for “purely personal purposes.” Since that is an administrative matter to be settled with a payment of €154 (minus 33% discount for prompt settlement), no crime of receiving stolen goods ever took place.

Under Italian legislation passed in 2023, those who simply use or view copyrighted content without permission face an administrative fine of between €154 and €5,000. The decisions handed down by both judges indicate that a first time offense of possessing an illegal IPTV subscription for personal use is €154, an amount only likely to increase for subsequent offenses.

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