Illegal streaming: what is it? What risks does it pose in Europe?
Binge-watching a popular TV show on the channel’s official website, enjoying a film on Netflix or Disney+, listening to music on Deezer or Spotify, watching a video on YouTube or Dailymotion: streaming is a practical way of quickly consuming content, ubiquitous across the internet. Although many online platforms provide free streaming that is completely legal, there are numerous internet sites whose streaming services are illegal. What is the difference between legal and illegal streaming? In Europe, what are the risks of streaming illegally?
What is streaming?
Streaming allows users to watch a video or listen to music online in real time. This system saves only a small amount of data in the computer’s memory before the content plays. The rest of the file is downloaded but not stored on the computer.
High-quality streaming works best with a strong internet connection.
VOD, Replay, pay-per-view, downloading: what are the differences between different methods of streaming?
- Downloading involves recovering and storing all of the data in a multimedia file before you are able to listen to or watch it.
- Video on demand (VOD) allows users to access movies, series, documentaries, and more within a certain period of time via a rental system (like a video store back in the day) or a subscription (known as SVOD for ‘subscription video on demand’). VOD or SVOD services distribute their videos or music either by streaming (instant playback or by downloading (storage of file data before opening).
- ‘Pay-per-view’ allows users to purchase a program on a specific channel so that viewers throughout the world can watch it at the same time (for instance, buying a programme streaming a basketball match on a sports channel).
- Replay, also known as catch-up or on-demand television, allows viewers to watch or re-watch a program free of charge for a set period of time after it has already been broadcast on a TV channel.
- IPTV includes live television, VOD and replay, as well as games on demand, known as cloud gaming. IPTV is often included in many triple-play subscriptions, which include TV, internet, and cell service.
What is the difference between legal and illegal streaming?
Legal streaming
Streaming websites are legal if they have paid for or own the copyright to the content they broadcast. YouTube, Dailymotion, Vimeo, Deezer, Spotify, television and radio websites, video on-demand sites… all of these are examples of sites offering legal streaming of video or music.
If you pay for a subscription to a streaming service (SVOD), you can enjoy it in all EU countries during your short-term visits. More information on digital portability.
To find out whether a streaming site is legal, you may visit the website of the French Audio-visual and Digital Communications Regulation Authority (ARCOM) (only available in French).
Illegal streaming
Websites that distribute content without copyright are acting illegally. Streaming films, television series, music, or accessing TV channels that usually require payment (for example, to watch a football match) via these sites is therefore illegal.
Like legal streaming platforms, some pirating websites ask users to register with an account and pay a subscription fee, giving them access to a large catalogue of content. But even though these services cost money, they are still completely illegal.
Warning! Illegal streaming sites often distribute all kinds of videos (including pornographic content) that can be accessed by minors without any type of protection.
Tips: How can I spot an illegal streaming site?
Here are a few warning signs:
- Is a film accessible on a streaming platform even though it is still being shown in theatres? This is not a good sign!
- Does the website not display a company name, a registration number, an address to contact, or mention general terms and conditions of use or a policy for handling personal data? Beware!
- Is the site written in broken French/English and/or contains numerous spelling mistakes? This is another clue!
- Do you find that every time you click on the site, a large number of advertisements appear, particularly those of a pornographic nature or for online games? Run away!
- The site is not secure (http instead of https) or does not offer secure payment methods? Use a different site!
Good to know: How can you check if a streaming site is legal?
To be sure whether the streaming site you wish to use is operating legally, check Arcom’s website. This online tool can be used as a search engine to look up your desired platform within its database of internet sites and services offering digital content that are in compliance with copyright laws.
What are the risks of illegal streaming in Europe?
There is no European regulation or directive that directly addresses illegal streaming. Each country in the European Union has its own rules and penalties. The risks fall on either the person viewing the illegal content, on the owner of the Internet connection, or on the person publishing the video illegally.
- In France viewing illegal streaming content has never been penalised by the High Authority for the Distribution of Works and the Protection of Rights on the Internet (HADOPI). However, ARCOM, which replaced HADOPI, blocked nearly 1000 sites in 2022 and 2023. The risk falls mainly on the person who publishes the video rather than the person who watches it. Making a copy of a copyright-protected video is punishable by three years’ imprisonment and a 300,000 euro fine. Several convictions for publishing illegal streaming sites have already been given in France.
- Individual users who download illegal streaming content are liable to a fine of up to 1500 euros. ARCOM carries out regular sweeps, and if you are found to have illegally downloaded content three times in under twelve months, you may face legal action.
- Germany punishes the act of publishing copyright-protected content without a licence. The person distributing the video is therefore liable. But beware! Some platforms that present themselves as streaming services are in fact torrent download platforms using P2P (peer-to-peer) technology. So, unlike a direct download, your downloaded file can come from different computers. By using this illegal service, your IP address can be tracked when files are shared, and if you are the owner of the Internet line concerned, you could receive a letter from a lawyer instructed by the copyright owners claiming damages of more than 900 euros per film, for example, in which you vow to not download or distribute the content in question.
- In Italy, anyone using an illegal streaming site is subject to a fine, which may be reduced if the offender was unaware of the illegality of the site concerned.
- In the Netherlands, no distinction is made between illegal downloading and illegal streaming, and both practices are punishable by law.
- In Spain, only internet users who publish content illegally can be prosecuted.
For more information on the specific regulations of each Member State of the European Union, visit https://euipo.europa.eu/ohimportal/en/web/observatory/faqs-on-copyright.
To avoid legal trouble, whether you live in France or visit another European country, best practice is to always use legal streaming programs.
What measures has France envisioned to combat illegal streaming?
ARCOM, France’s audiovisual and digital regulatory body, has introduced an array of new legislation and advice governing online activity, including illegal streaming, since the authority was introduced in 2022.
For example, one 2022 law enables companies who hold the rights to broadcasted sporting events to prevent access to services that illicitly broadcast these competitions within French territory.
ARCOM also plays an important advisory role to the European Union and the European Commission. For instance, one recommendation encourages stakeholders to collaborate with rights holders to fight against piracy. Another recommends advertisers to work exclusively with legal streaming sites in order to reduce the resources available to their illegal counterparts.
Fake streaming sites: beware of traps!
When browsing a legal streaming platform, you may come across an appealing offer (free, very recent movies or even those that are still in cinemas…) inviting you to create an account and provide your bank information. Once subscribed, you find that there are no films or series and a few days later, your card shows an unauthorised charge: welcome to the trap of fake streaming sites! What can you do now?
To get your money back, try the chargeback procedure and stop payments on your bank card if necessary to block future direct debits. Don’t be intimidated by the formal notices you may receive if you don’t pay, and don’t react to this type of letter. If you have any doubts, contact us.
By registering, you have provided a certain amount of personal data as well as your bank details, which could be sold by the illegal streaming site.
Finally, if a large number of advertisements have appeared on the site, you may have infected your computer with a virus by closing them. If this is the case, contact the support service for your system, whose number you will find in the documents supplied with your purchase. More information on PC virus fraud.
How to avoid falling into illegal traps:
- Beware of downloading or streaming software (torrents, etc.) installed on your PC: depending on your settings, they may start automatically when you turn on your computer.
- Protect your internet access with secure passcodes.
- Pay attention to the usage of your internet connection: the owner of the internet line is often held responsible for infractions.
For more information
Consult the brochure on the dangers of illegal streaming created by the European Consumer Centre Austria in collaboration with FAMA.
Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA). Neither the European Union nor the granting authority can be held responsible for them.