NewsNews23 January 2023

The "Clean Sky" initiative summed up 2022 and talked about achievements in the field of combating piracy

The Anti-Piracy Initiative "Clear Sky", which includes the largest players in the media market of Ukraine, summed up the year 2022 and talked about important steps on the way to the formation of a culture of consuming legal content and combating the pirate business. Due to the full-scale war of the Russian Federation in Ukraine, the active activities of the ICH and certain projects of the initiative were suspended. At the same time, many important things were done by the efforts of the participating members, which develop the media market, help in the fight on the information front and bring the Victory closer.

"Despite the challenges of the Russian Federation's full-scale invasion of Ukraine, the "Clean Sky" Initiative was able to adjust its work in new realities, launched many important initiatives and continues an active struggle on the information front. Our focus has shifted, and with the resources of the Initiative's participating companies, we are making maximum efforts to, first of all, counter enemy propaganda, promptly respond to threats to Ukraine's information security, and implement the necessary changes in the media space. We believe that 2023 will be the year of absolute Victory, and even more important projects and positive changes are waiting for the ICH," commented Vyacheslav Mienko, head of the "Clean Sky" initiative.

In 2023, the ICN sets itself no less ambitious tasks that will strengthen the processes of intellectual property protection in Ukraine, actively combat piracy and protect the information space of Ukraine. In particular, legislative changes will be implemented, close cooperation with the cyber police and the SBU will continue to combat the illegal distribution of media content, the prosecutor's office will be further involved in the active fight against piracy within the framework of criminal proceedings, etc.

About new criminal proceedings

In 2022, 19 new criminal proceedings initiated by the 1+1 media group were registered, which are being investigated and documented. A number of submitted applications are being considered by the law enforcement officers. By the way, in 2021, the number of criminal proceedings related to violations in the field of intellectual property amounted to 11 cases. Most of the new cases concern violators of related rights, who also provide rebroadcasting of TV channels of the aggressor country banned in Ukraine.

A landmark case last year was the opening of criminal proceedings and active investigative actions regarding CDN hosting (video balancer) of VOD content. Criminal proceedings have also been reopened regarding the facts of financing piracy.

From May 2022, full support of criminal proceedings at the stages of pre-trial investigation and participation in court hearings has been resumed.

During 2022, law enforcement officers conducted searches during which equipment, machinery, and means of communication were seized in 14 criminal proceedings. In total, suspicions were announced against 11 persons involved in criminal proceedings, two indictments were sent to the court and a guilty verdict was obtained in one case.

About countering enemy propaganda

As already mentioned above, during the year, the members of the ICH effectively cooperated with law enforcement agencies - the National Police and the Security Service of Ukraine - to stop the activities of individuals or companies that not only violate copyright and related rights, but also conduct prohibited information activities, providing viewers with access to the country's channels - the aggressor

Thus, in February-March 2022, the members of the ICH, together with the Ministry of Culture and Information Policy of Ukraine, took an active part in formation of lists of physical and legal entities of the Russian Federation involved in the media industry of the aggressor country. As a result of this process, sanctions were applied, including international , to a number of propagandists who promote pro-Russian narratives in the info field. Among such persons are oligarchs Roman Abramovich and Herman Khan, General Director of the First Channel Konstantin Ernst and others.

In addition, in order to counter mass disinformation from Russia, during 2022 members of the initiative systematically collected information that was used in the imposition of European Union sanctions regarding the ban on satellite broadcasting of Russian TV channels and the retransmission of these channels by European cable operators.

Legislation and GR

The members of the ICN participated in the adoption by the Verkhovna Rada of Ukraine of the Law of Ukraine "On Media", which contains separate provisions aimed at strengthening the fight against piracy in Ukraine.

In addition, work is underway to introduce changes to the legislation on advertising aimed at prohibiting the placement of advertisements on pirated resources (in particular, those included in the international WIPO ALERT database). And part of the provisions necessary for a successful fight against Internet piracy has been implemented in the new edition of the Law of Ukraine "On Copyright and Related Rights", which was adopted by the Verkhovna Rada.

In addition, work with the Humanitarian Policy Committee of the Republic of Belarus on finalization of the government draft law No. 5970 "On the protection of services provided using the conditional access system" has been established. It is about the implementation of European norms on ensuring measures against the use of illegal conditional access systems.

Cooperation with international partners

The team of the "Clean Sky" Initiative prepared an appeal to the Chairman of the National Council for Television and Radio Broadcasting - the Representative of Ukraine in the SDMSI (Council of Europe Steering Committee on Media and Information Society) regarding the updated section on Ukraine in the comparative study of the Council of Europe "Blocking, Filtering and Removal of Illegal content on the Internet".

In addition, comments on the state of copyright protection and enforcement issues in Ukraine for the annual "Special 301 Review" (Comments and Notice of a Public Hearing Regarding the 2021 Special 301 Review) were submitted to the US Trade Representative Office (USTR).

Interaction with the advertising market ( IAB Ukraine)

In the fall of 2022, at the request of the advertising market, the formation of blacklists (a list of sites to which rights holders have claims, a list of TV service providers to which rights holders have claims blacklists.org.ua) was resumed and their delivery to the participants of the interactive advertising market.

With the active support of IAB Ukraine, a joint discussion was held with representatives of the gambling industry ("KOSMOLOT") regarding the need to abandon the practice of placing advertisements on the sites of pirated online cinemas, and specific practical recommendations were given on how to do this.

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