Frequently Asked Questions

1Does SAFACT, with its partners or otherwise, plan to issue fines to South African Internet users through their ISP or directly if they are found to be sharing/downloading copyright-protected material over BitTorrent?

In terms of South African law, wrongful and blameworthy conduct that causes harm can result in delictual liability. This liability must, however, be determined upon evaluation of the elements of a delict, namely: harm, conduct, causation and fault. The applicant or plaintiff must have suffered harm and this must be proven in a Court of law (as the Court has to deal with the question of wrongfulness).

Such fines as described in your question would only be an appropriate action if mandated in legislation or through an order of the Court.

2What is SAFACT currently doing with local ISPs to curb BitTorrent piracy in South Africa?

SAFACT is currently investigating a number of models to curb BitTorrent piracy in SA – one of these include engaging and collaborating with local ISPs.

3Have any large, international studios or networks contacted SAFACT about taking action against local BitTorrent pirates?

Yes. The Motion Picture Association, for instance, has granted SAFACT a mandate to act against local copyright infringing parties and sites.

Safact also were granted Power of Attorney from these MPA member studios directly.

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SAFACT's mission is to create an anti-counterfeiting climate in which the purchase, sale or possession of counterfeit goods is actively discouraged and intellectual property rights are respected.

Introducing SAFACT - The Southern African Federation Against Copyright Theft