
--
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
11/12/2025
Dalet, a leading provider of cloud-native, end-to-end media workflow solutions, ...
09/12/2025
WASHINGTON The Federal Communications Commission's Media Bureau has once again delayed implementation of sponsorship identification requirements for foreign...
09/12/2025
WASHINGTON #GALSNGEAR has announced two major leadership retreats in early 2026 that the group said are designed to equip women in media, entertainment, and tec...
09/12/2025
WASHINGTON With a Dec. 15 deadline looming for a new retransmission consent and carriage deal between Cox and Verizon, the two parties have started trading barb...
09/12/2025
SAN FRANCISCO Samba TV has announced that it has secured new financing from Horizon Technology Finance Corporation, an affiliate of Monroe Capital, with an init...
09/12/2025
Many cord-cutters looking to reduce their monthly cable or satellite bills are also cutting back on streaming costs, according to new research from All About Co...
09/12/2025
LAS VEGAS and NASHVILLE, Tenn. Shure technology played a critical role during the broadcast productions of the 59th Annual CMA Awards at the Bridgestone Arena i...
09/12/2025
Unveiling of new CV1, web-browser workflows and Milan roadmap for mission-critical AV environments
Nixer Pro Audio will return to Integrated Systems Europe (IS...
09/12/2025
An easier approach to recreate the powerful nerve-blocking molecule found in shellfish A Scripps Research-led study resolves the challenge of synthesizing saxit...
08/12/2025
SVG Summit 2025 Technology Exhibits Preview, Part 1By SVG Staff
Monday, December 8, 2025 - 6:56 am
Print This Story | Subscribe
Story Highlights
The 2025...
08/12/2025
2025 Sports Broadcasting Hall of Fame: Bill Rasmussen, the Entrepreneur Who Drea...
08/12/2025
SVG Summit 2025 Preview: Live Production Innovation Workshop Goes Deep on ST 211...
08/12/2025
#GALSNGEAR Announces East, West Leadership Retreats for 2026By Ken Kerschbaumer
Monday, December 8, 2025 - 9:10 am
Print This Story | Subscribe
Story High...
08/12/2025
MediaKind Acquiring Harmonic's Video Business to Create New Streaming-Video ...
08/12/2025
Platinum White Paper: Sony HDR/SDR Camera Shading Techniques for Live Production...
08/12/2025
SVG Sit-Down: NESN's Kenny Elcock and Harmonic's Jean Macher Talk Next-G...
08/12/2025
Monsters Funday Football,' ESPN's Latest Live Animation Effort, Advances...
08/12/2025
SVG Sit-Down: ESPN Director Jeff Nelson on Calling the (Animated) Action on Mon...
08/12/2025
Monsters Funday Football': Louisiana Philharmonic Delivers Again With Orches...
08/12/2025
Always Was, Always Will Be Strength, Survival and Pride this January 26 on NITV,...
08/12/2025
Nielsen's robust data offering enables marketers to connect with their target audience more effectively and drive better results throughout Amazon's adv...
08/12/2025
LOS ANGELES and NEW YORK Paramount has launched a hostile takeover bid for Warner Bros. Discovery with an all-cash tender offer to acquire all of the outstandin...
08/12/2025
EMERYVILLE, Calif. Media and entertainment technology and services provider Advanced Systems Group has named Macky Beheshti as director, enterprise storage and ...
08/12/2025
DENVER MediaKind, a global provider of cloud-based video streaming technology announced today that it is acquiring the video business of Harmonic Inc. for appro...
08/12/2025
NEW YORK Nielsen has announced that its Audience Segments from Nielsen Marketing Cloud (NMC) are now available across the Amazon Ads marketplace, including the ...
08/12/2025
Marshall Electronics showcases the CV355-27X-ND3 Optical Zoom NDI (NDI HX2, NDI HX3) Camera at ISE 2026 (Booth 4N900). Designed for users seeking high-quality ...
08/12/2025
Cinnafilm today announced the immediate availability of IPx LIVE and Tachyon LIVE, delivering broadcast-grade, real-time IP video transcoding and motion-compens...
08/12/2025
Following a successful 45th anniversary year in 2024, Hiltron reports increasing demand for its wide range of satellite communication equipment manufacturing, p...
08/12/2025
Over 1.7 million people watched across the weekend
Another record-breaking year...
08/12/2025
When was the last time you updated your default playlist(s)? A default playlist keeps your station(s) on the air should your team ever miss a step in sending mu...
08/12/2025
08 Dec 2025
VEON's Beeline Kazakhstan Breaks Ground for Hyper Cloud Data Ce...
08/12/2025
Back to All News
Netflix ISP Speed Index for November 2025
Product
08 December 2025
Global
Link copied to clipboard
This month marks 15 years of the Netfl...
08/12/2025
Back to All News
Another Exciting Chapter in Our Book-to-Screen Journey and What's to Come
Entertainment
08 December 2025
Global
Link copied to clipboa...
08/12/2025
Strategic and transformative transaction would sharpen Harmonic's focus on its core Broadband business and advance its growth initiatives
Ensures continued...
08/12/2025
Copenhagen's The Epicurus is a one-of-a-kind Jazz Gastropub that presents exclusive performances curated by Jazz Pianist and Producer Sir Niels Lan Doky. Fe...
08/12/2025
Arvato Systems Receives gematik-approval for TI-Messenger tim
Approval secured for TI Messenger tim - paving the way for secure and interoperable communicat...
08/12/2025
Eurovision winner Niamh Kavanagh is the first celebrity to be revealed for the s...
08/12/2025
Changing children's lives for good: A staggering 4.6 million raised in the 2025 appeal
The people of Ireland and people all over the world have once again...
08/12/2025
It's murder on the dancefloor as The Traitors Ireland legend Paudie Moloney ...
07/12/2025
Back to All News
Netflix Takes Over the Oslo Skyline With Celebratory Troll 2 L...
06/12/2025
In a live broadcast from the Reagan National Defense Forum, L3Harris Chair and CEO Christopher Kubasik joined Morgan Brennan on CNBCs Closing Bell: Overtime. Ku...
06/12/2025
FORT LAUDERDALE, Fla. A new survey from Pixitmedia by Datacore revealed a major shift in the Media & Entertainment industry in media archiving, with 85% of resp...
06/12/2025
HACKENSACK, N.J. LiveU has announced that the national public broadcaster Czech Television has completed one of the largest LiveU live production deployments fo...
06/12/2025
NEW YORK The National Academy of Television Arts and Sciences (NATAS) presented the Excellence in Production Technology Emmy Award to NASA+ and Dr. Tom Leight...
05/12/2025
2025 Sports Broadcasting Hall of Fame: Curt Gowdy Jr. - Master Storyteller, Nati...
05/12/2025
SVG Sit-Down: Veritone's Sean King on the Power of Mining Video, Audio DataThe company's Data Refinery offers users total control and governance over da...
05/12/2025
Platinum White Paper: Inside the Nashville Predators' Unified, Flexible, Sca...
05/12/2025
Netflix Reaches Agreement To Acquire Warner Bros. Following Planned WBD SplitThe deal does not include WBDs sports assets like TNT Sports (US, UK, LatAm), Euros...
05/12/2025
FOX Sports Returns to Indianapolis for Primetime Broadcast of Big Ten Championsh...
05/12/2025
SVG Summit 2025 Preview: Digital Engagement & Monetization Workshop Tackles the ...