Fighting Online Piracy: Focus on a Little-Known Measure

At the end of January 2026, RTL Belgium and RTBF initiated emergency legal proceedings to have several IPTV services blocked, as they were deemed illegal due to copyright infringement.

If you are also a victim of copyright infringement, can you obtain a similar measure?

What Infringements Are Covered by This Emergency Procedure?

This procedure allows you to urgently bring a case before the President of the Brussels Enterprise Court to obtain provisional measures to stop a clear and significant online infringement of:

• a copyright,
• a related right, or
• the rights of a database producer.

For example, you may use this procedure if a competing website reproduces your product photos.

This new procedure also applies to the illegal operation of online gambling services.

Who Can Initiate This Procedure?

In cases of copyright or related rights infringement, the procedure may be initiated by:

• any interested party (including the author),
• a collecting society or collective management organization, or
• a professional or interprofessional association with legal personality.

In cases involving database producer rights, the claim must be brought by persons entitled to act in infringement proceedings under the applicable provisions.

In cases of illegal online gambling operations, the request may be initiated by any interested party.

What Are the Conditions for Obtaining Provisional Measures?

The President of the Enterprise Court may grant the request if 3 conditions are met:

• the invoked right (copyright, related right, or database producer right) appears, prima facie, to be valid;
• the alleged infringement appears to be clear and significant;
• after balancing the interests, rights, and freedoms involved—including the general interest—the facts and evidence relied upon by the applicant reasonably justify the requested provisional measures.

How Are the Provisional Measures Implemented?

Obtaining a court decision is only part of the process—its enforcement in the online environment is equally crucial.

To this end, the judge may rely on the Service for Combating Online Infringements of Copyright and Related Rights and the Illegal Operation of Online Gambling, established within the General Directorate of Economic Inspection of the FPS Economy.

This service may be authorized by the President of the Court to determine how the decision is to be implemented, in cooperation with internet service providers (e.g., website blocking, identification of mirror sites).

In addition, it is responsible for maintaining and updating a list of websites subject to such measures.