
--
Court appeal won by e.tv over encryption --
Wed, 01 Jun 2016 09:53
--
Tech Central reported that e.tv has won the latest battle in the long-running war over digital terrestrial television in South Africa, potentially throwing the long-delayed project off-track once again.
The supreme court of appeal on Tuesday found that an amendment in 2015 by communications minister Faith Muthambi to South Africa s digital migration policy did not follow a process of consultation and was irrational and in breach of the principle of legality.
The court found, too, that the amendment did not achieve its purpose and was thus irrational and invalid. Muthambi purported to bind regulatory authorities and broadcasters and thus acted ultra vires, the court said.
The court set aside the amendment to the policy, throwing the country s digital migration project, which was originally meant to be completed five years ago, in 2011, into further disarray.
The judgment is particularly critical of Muthambi s failure to consult with communications regulator Icasa and the Universal Service and Access Agency of South Africa (Usaasa) over the amendment.
the failure by minister Muthambi to consult Icasa and Usaasa is even more egregious given their statutory duties. So, too, the failure to consult the appellants (e.tv and others), all of whom had an interest in the policy, was quite simply irrational.
Supporting e.tv in its application was industry body Namec as well as Media Monitoring Africa and the SOS Coalition.
Last year, e.tv filed an application for leave to appeal a judgment by the high court that went against it in the ongoing battle over whether South Africa s digital terrestrial television signal will be encrypted or not.
The high court had found that Muthambi s amendments to the digital migration policy, gazetted in March 2015, would remain in force.
The judgment was a significant victory for both communications minister Faith Muthambi and for DStv parent MultiChoice, which was vehemently opposed to government providing subsidised set-top boxes that use an encryption-based conditional access system.
The pay-TV broadcaster argued, among other things, that doing so would amount to unfair competition. On the other hand, e.tv remains strongly in favour of the use of such a system in the set-top boxes, arguing that it is needed to prevent the ghettoisation of free-to-air television in South Africa.
Muthambi s decision not to require encryption in the set-top boxes was a reversal of an earlier cabinet decision.
The appeal court did not make a determination on the merits or otherwise of using encryption.
It found in favour of e.tv on costs.
The judgment was welcomed by e.tv. Its chief operating officer, Mark Rosin, said the ruling allows the possibility of a strong and stable digital terrestrial television platform to South African free-to-air television viewers offering the best local and international content .
Muthambi s spokesman, Mish Molakeng, said the minister would issue a statement on the court s judgment soon.
- (c) 2016 NewsCentral Media
Related Articles
SAs digital TV migration programme to begin 2 October
E.tv loses battle over TV encryption
Ministry of Communications makes final amendments to DTT policy
Government rejects encryption in final TV policy
-- --
-- --
-- Please enable JavaScript to view the comments powered by Disqus. comments powered by Disqus
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
12/11/2026
Industry leaders examine how Dynamic Media Facility, Media eXchange Layer, and c...
12/11/2026
The junior Tar Heel is embracing the technical and creative challenges of live production while emerging as a leader and mentor in the control room...
12/11/2026
Gracenote, Nielsen's content intelligence business, has released its fifth a...
12/11/2026
RTL Deutschland will bring the NHL to free-to-air TV in Germany starting Nov. 30...
12/11/2026
Clear-Com supported On Air 2026, a 24-hour student-led broadcast connecting 45 u...
12/11/2026
uniqFEED has opened a Remote Operations Center (ROC) in Madrid, Spain. It is already operational, delivering virtual advertising for LaLiga matches. The ROC is ...
12/11/2026
Disney, ESPN and the NBA will present Dunk the Halls, the third real-time animated NBA game using Sony's Beyond Sports data visualization technology, on Chr...
12/11/2026
Van Wagner has launched Van Wagner RELAY, a digital platform for official athlet...
12/11/2026
Deal brings together two of the industry's most established graphics brands and significantly expands Vizrt's footprint in U.S. sports and regional broa...
12/11/2026
Euro TV Production GmbH of Austria has upgraded its outside broadcast vehicle with Lawo technology. The mc 36 Classic console in service since 2019 was replaced...
12/11/2026
Tagboard has launched Spark Resize, an AI-assisted tool now in beta that takes an existing graphic and produces a new version for a different aspect ratio or sc...
12/11/2026
Ben Winston, Glenn Weiss, and FIFA's Jenni-Lee Van Gelder headlined a day fo...
12/11/2026
Free interactive platform visualizes team tendencies, formations, and schemes, updated weekly...
12/11/2026
Sports Broadcasting Hall of Famer Charlie Jablonski's broadcasting career is...
12/11/2026
Blend between concert grand & vintage electric pianos
UVI's latest release combines a concert grand with a vintage electric piano in a single instrument...
12/11/2026
Native version of popular effects plug-in arrives
Many of the plug-ins that used to require Universal Audios Apollo interfaces or DSP accelerators have made...
12/11/2026
Four next-generation interfaces announced
Following on from the release of their new flagship Thunderbolt interfaces, Audient have refreshed the design of t...
12/11/2026
Rohde & Schwarz and Connektica showcase automated RF test systems for satellite ...
12/11/2026
Gracenote's 2026 State of Play report signals a rising retention risk: More ...
12/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
12/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
12/11/2026
Broadpeak and Magnite enable advertising on Afree TV to unlock new revenue opportunities for African content providers
Broadsmart, a technology integrator deli...
12/11/2026
PlayBox Neo is perceived in the industry as an innovator way ahead of its time, already making a profound impact in the Asia-Pacific region, where the company i...
12/11/2026
This agreement marks the next step in a multi-year digital transformation programme as distribution expands across more clients and markets, requiring reliable ...
12/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
12/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
12/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
12/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
12/11/2026
LA JOLLA, CA-Central to many immune responses are antibodies, which identify foreign substances and help remove them from the body. The immune cells that produc...
12/11/2026
Bill & Ted Rock Opera Taken to New Heights After Student Workshop Emerging artists from Berklee, Boston Conservatory, and Emerson collaborated with industry p...
12/11/2026
Image available HERE
Teaser available HERE
A teaser for The Cadburys (6x60') has been released, introducing audiences to the core family of George (Harry ...
12/11/2026
The Hollywood Professional Association (HPA) today announced the theme and program focus for the 2027 HPA Tech Retreat, taking place Feb. 14-18, 2027 in La Quin...
12/11/2026
An island in rural MontanaJeremiah Slovarp owns Jereco in Bozeman, Montana, and teaches music technology and recording arts at Montana State University. He star...
12/11/2026
Who am I and whats an AI GP? Im Kathryn Hodgkinson, and Ive recently qualified as an Artificial Intelligence Governance Professional (AIGP), a certification awa...
12/11/2026
RT will provide extensive coverage of the European Political Community Summit in Dublin across television, radio and online on Thursday, 12 November 2026. As p...
11/11/2026
Hornets Sports & Entertainment (HSE) and Spectrum have installed WiFi 7 as part of Spectrum's Managed WiFi solution within Charlotte's recently renovate...
11/11/2026
As 4K displays normalize in living rooms and economy flights, aging minor league...
11/11/2026
Northwestern University has deployed Grass Valley production switching and camera technology at its new Ryan Field stadium in Evanston, Illinois. The installati...
11/11/2026
Central Christian Church has transformed communication across its live productio...
11/11/2026
Monumental Sports & Entertainment developed the new Cisco Command Center for all of the building's technology
Prior to the start of the busy October schedu...
11/11/2026
The new Manhattan set is the latest addition to a network of studios, home setup...
11/11/2026
With a remodeled set, an expanded camera package, and a Steve Aoki performance, MLB Network's production team raises the bar again at The Chelsea...
11/11/2026
Third collaboration with Grammy-winning composer & conductor
Spitfire Audio have announced the release of Eternity, the third sample library to be created a...
11/11/2026
Eurorack experts launch vinyl-inspired plug-in
When praised Eurorackers Modbap revealed their first software effect recently, they stated it was the first r...
11/11/2026
New York, NY - November 10, 2026 - Neptune BidCo US Inc. (the Issuer or the C...
11/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
11/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
11/11/2026
New partnership strengthens local access to Hitomi s precision timing solutions, with MatchBox, MatchBox Glass and Spectra on show at Inter BEE 2026
Hitomi Br...
11/11/2026
Frequency, the engine behind many of the worlds leading streaming television channels, and OpenGlass, the first SSP built for advanced CTV advertising, today an...