On 14 June 2019 were promulgated amendments to the Bulgarian Copyright and Neighbouring Rights Act (CNRA), which allow the use of automated control tools for identifying copyright infringements by the officials of the Ministry of Culture. The Minister of Culture will determine these hardware and software detection tools.
The amendments also introduce a simplified procedure for the serving of acts for the establishment of administrative offenses and punitive decrees for any offenses under the CNRA and the Electronic Communications Act (ECA).
In addition to improving the effectiveness of the administrative-penal procedure, the primary purpose of the amendments is to address “cable piracy” by remote monitoring of TV channels broadcasting over cable, DTH, and IPTV platforms in order to detect operators who are distributing TV programs without the required licensing from TV broadcasters and collective management organisations.
Currently, it is estimated that up to 30% of the Bulgarian TV distribution market is a piracy "grey" area that undermines the revenue of copyright holders and causes unfair competition.
Specifically, the amendments introduce the serving of the acts for the establishment of administrative offenses by electronic means to sole traders and legal entities. The respective act will be signed with a qualified electronic signature and sent to the email address of the infringer, available in a public register or in the Secure electronic delivery system of the State e-Government Agency.
The act will be considered served if, within seven days of issuing the email, the addressee sends confirmation of receipt, activates an electronic link or downloads the document from the Secure electronic delivery system. If the act cannot be served by either electronic means or registered mail, it will be published on the website of the Ministry of Culture. The act will be considered duly served within 14 days of being uploaded to the website.
Punitive decrees against sole traders or legal entities will also be published on the Ministry's website and considered duly served if an infringer cannot be reached at its address or refuses to receive the decree.
Similar amendments in the ECA are expected to improve the ability of the Communications Regulation Commission (CRC) to imply administrative sanctions.
An additional provision in the amendments gives the CRC the option to use publicly available information and market research for its annual report, which should provide a more detailed and realistic picture of Bulgaria's TV distribution market.
For more information on these amendments, TV piracy, and the Bulgarian broadcasting industry, feel free to contact one of our local CMS experts.
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