
--
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 ...
06/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/11/2026
Black Friday Deals from Flanders Scientific, Inc - An Atomos Company
Brie Clayton November 5, 2026
0 Comments
Purchase any FSI monitor between now and...
06/11/2026
COW Jobs: Faith-Based UGC Video Creator - Remote
Brie Clayton November 5, 2026
0 Comments
Faith-Based UGC Video Creator (Remote, Part-Time)
November...
05/11/2026
The Chicago native has emerged as a leader at Marquette's student-run production operation, directing broadcasts, mentoring peers, and building toward a car...
05/11/2026
Sky Sports will broadcast the inaugural 2026 and 2027 seasons of the women's TGL (WTGL) exclusively in the UK, as part of an expansion of its golf rights th...
05/11/2026
CP Communications worked with Gravity Media to bring Gravity's SMARThead rob...
05/11/2026
Gravity Media developed a remote production solution for Beyond Productions'...
05/11/2026
Canon U.S.A. has announced a firmware update for its Cinema EOS cameras, includi...
05/11/2026
Canon Inc. is celebrating the 15th anniversary of the Cinema EOS System this month, Canon U.S.A. announced. Launched in 2011 for professional video production, ...
05/11/2026
Canon U.S.A. has announced new Cinema EOS Lens Kits and an EOS C50 Videographer Kit. Sales are scheduled to begin in mid-November 2026.
The lens kits pair the ...
05/11/2026
Dick Stockton's broadcasting career was marked by longevity, versatility, an...
05/11/2026
The United Football League Draft is set to take place at Ball Park Village in St. Louis on beginning on November 18 and the UFL today announced that players fro...
05/11/2026
Most compact Qu-series consoles to date
Allen & Heath have just revealed two new additions to their Qu digital mixer line-up, the Qu-3 and Qu-3D. The new ar...
05/11/2026
We take a look at the first touchscreen-equipped Mac The new MacBook Pro with PROLED XDR Display brings Touch to the Mac for the first time.Photo: Apple
By M...
05/11/2026
SGL Carbon's consolidated sales in the first nine months of 2026 totaled 59...
05/11/2026
Rohde & Schwarz and Pegatron validate FR3 phased array technology for dual strea...
05/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
05/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
05/11/2026
24i, the pioneering data-driven video streaming company, and TV Factory AG today announced a significant expansion and multi-year renewal of their strategic par...
05/11/2026
Telestream, a global leader in media workflow and measurement technologies, has just announced the appointment of Joseph Hopkins as Chief Revenue Officer (CRO)....
05/11/2026
How to Recreate the Classic Movie Star Trek Warp Effect in After Effects
Graham Quince November 5, 2026
0 Comments
How did the filmakers create the or...
05/11/2026
Towson University Graduate and Marine Corps Veteran Builds a Career with Blackma...
05/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
05/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
05/11/2026
Hungary's first LED cinema, in Budapest, combines cutting-edge HeyLED display technology with Lightware's AV solutions to deliver an exceptional cinemat...
05/11/2026
COW Jobs: Film Delivery and Servicing Lead - Mars, PA
Brie Clayton November 5, 2026
0 Comments
Film Delivery and Servicing Lead
October 27, 2026COW ...
05/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
05/11/2026
AI agents do more than generate answers. They search for information, query databases, write and test code and take action.
Each of those steps relies on a CP...
05/11/2026
Thursday 5 November 2026
Sky Sports and Sir Gareth Southgate's 1071 Media p...
05/11/2026
Offers include Sky Essential TV with Full Fibre 500Mbps for £32 a month, Full Fibre 500Mbps for £26 a month, plus savings on Apple iPad, Samsung Galaxy and Goog...
05/11/2026
Previously announced David Oyelowo and Viola Prettejohn star as Mikael Blomkvist and Lisbeth Salander in Sky's timely new evolution of Stieg Larsson's g...
05/11/2026
It used to be around this time of year that I, like most Australians, started looking forward to summer. Barbecues and beaches are, after all, what we do best. ...
05/11/2026
Discover Integrated Live Production Solutions and Meet the Broadcast Pix Team at ACM Northeast 2026 Tyngsboro, Mass. - November 5, 2026 - Broadcast Pix is excit...
05/11/2026
Arqiva signs DCC contract to support smart metering services through to 2037New contract to maintain services as industry transitions to a 4G national solution....
05/11/2026
RT is home to the top ten radio programmes in the country
28.3% market share with almost 2 million people listening every week
Gains for Kieran Cuddihy's...
05/11/2026
Larger models, longer contexts and agentic applications are increasing GPU memor...
05/11/2026
Chris Alexiuk has a simple rule about open source AI: If you believe in it, be loud about it.
We should be shouting about this technology from the rooftops, ...
05/11/2026
Hogwarts Legacy receives an NVIDIA DLSS 5 upgrade with 3D-Guided Neural Rendering today, bringing lifelike lighting and materials to the wizarding world on GeFo...
04/11/2026
The company's chief revenue officer shares its new messaging emphasizing its...
04/11/2026
Gravity Media has brought its SMARThead robotic camera technology to the United ...
04/11/2026
WWE and The Walt Disney Company have announced a two-day takeover of ESPN Wide W...
04/11/2026
RT combined Calrec's Type R system with its SMPTE ST 2110 network to change how it mixed commentary for the 2026 World Football Championship. Where six com...
04/11/2026
D sseldorf-based production company Bildquadrat is using Riedel's Virtual SmartPanel (VSP) to expand its intercom infrastructure for mobile and geographical...
04/11/2026
Verizon, an official NFL partner since 2010, has outlined its network and connected-technology work for the 2026 NFL season, spanning officiating, coach communi...
04/11/2026
It's not just the video. The in-venue sound and noise also bring the energy ...