European Commission: Combatting online piracy of live events

On 4 May 2023, the European Commission adopted its “Commission Recommendation of 4.5.2023 on combatting online piracy of sports and other live events” (“Recommendation”). The Recommendation encourages Member States, national authorities, holders of rights and providers of intermediary services to take effective, balanced and appropriate measures to fight unauthorised retransmissions of such streaming, whilst strengthening the competitiveness of the EU sport and creative industries.

The Recommendation focuses on three main areas:

• Prompt treatment of notices related to live events: the Recommendation highlights the importance of ensuring prompt action, taking into consideration the nature of the live event, in order to minimise the harm caused to providers as a result of the unauthorised transmission. Providers are encourage to cooperate with rights holders by (i) effectively engaging with trusted ‘flaggers’ and (ii) developing and using technical solutions aimed at processing notices of unauthorised retransmissions e.g. application programming interfaces
• Injunctions: the Recommendation encourages Member States to assess whether sports event organisers are entitled to take legal action to prevent any unauthorised retransmissions and where this is not the case, Member States are encouraged to grant legal standing to sports event organisers to seek an injunction where it is currently not possible.
• Commercial offers and awareness: The holders of rights in the transmission of live events are encouraged to increase the availability, affordability and attractiveness of their commercial offers to end users across the Union. The Recommendation calls on Member States to raise users' awareness on legal offers to enjoy this type of content among consumers and on the issue of piracy among enforcement authorities.

Next Steps

The Commission will monitor, together with the EUIPO Observatory, the implementation and effects of this Recommendation. Member States and stakeholders are encouraged to submit to the EUIPO Observatory and the Commission any relevant information and /or data relating to these measures.

By 17 November 2025, the Commission will assess the effects of the Recommendation on unauthorised retransmissions of live sports and other live, taking into account the EUIPO Observatory’s findings.

The Commission will then decide whether additional measures are needed at EU level, in view of technological developments, as well as the evolution of distribution channels and consumption patterns.