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Legislation

Law No. 34‐05 amending and supplementing Law No. 2‐00 on Copyright and Related Rights

Law No. 2-00 on Copyright and Related Rights as amended and supplemented by Law No. 34‐05 defines a service provider as an operator of facilities for online services or for access to networks with no alteration of the content between the points specified by the user and of his choice. A service provider shall bear civil liability for unlawful activities such as: promotion, encouragement or significant contribution to a violation of copyright or related rights committed by another person; or supervision or control of infringements to copyright or related rights committed by another person. A service provider shall be criminally liable where the above mentioned acts were committed deliberately. In some circumstances, a service provider may benefit from limitations on liability for infringements of copyright or related...
Legal Opinion/Petition

Attorney General, Lakome case

The Attorney General ordered the ANRT to block the Arabic - and French - language websites of the investigative news site, Lakome. Its Arabic-language editor in chief, Ali Anouzla, was arrested one month earlier for citing an article in the Spanish newspaper El País, which contained an embedded YouTube video attributed to Al Qaeda in the Islamic Maghreb (AQIM). The website is now back online.
International Agreement

Free Trade Agreement (FTA) between Morocco and the United Sates (MUSFTA)

This FTA contains provisions and side letters on intermediary liability, safe harbours and notice and taken down. Article 15.11.28 of the MUSFTA provides that: For the purpose of providing enforcement procedures that permit effective action against any act of infringement of copyright covered under this Chapter, including expeditious remedies to prevent infringements and criminal and civil remedies, each Party shall provide, consistent with the framework set forth in this Article: (a) legal incentives for service providers to cooperate with copyright owners in deterring the unauthorized storage and transmission of copyrighted materials; and (b) limitations in its law regarding the scope of remedies available against service providers for copyright infringements that they do not control, initiate or direct, and that...
Regulation

Regulatory Entity: National Telecommunications Regulatory Agency (ANRT)

The ANRT is the public body in charge of the control and regulation of the telecommunications sector. It was created under Law No. 24-96 (see above). ANRT has the power of legal regulation of the telecommunications sector. It is responsible for developing and enforcing technical standards of the telecommunications sector. Also, ANTR is the body in charge of enforcing blocking orders and content removals. Finally, ANRT plays an economic role in the sense that it supports fair competition of the operators in the telecommunications sector in Morocco.