
--
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
12/12/2025
HUDSON, Mass. BitFire and Appear have struck a strategic partnership aimed at offering broadcasters, sports leagues and streaming platforms a faster, more flexi...
12/12/2025
The broadcast industry is evolving faster than ever. #IPWorkflows #remoteproduction, and next-gen audio systems are reshaping how teams design, deliver, and sca...
12/12/2025
LOS ANGELES The payroll and production accounting platform Wrapbook has announced the acquisition of Cinapse, a modern scheduling platform for film and televisi...
12/12/2025
DEHLI Ross Video has announced that it is expanding and restructuring its commercial and technical teams in the South Asian Association for Regional Cooperation...
12/12/2025
LONDON Following the success of its UK launch in January 2025, Rise AV, the global not-for-profit initiative dedicated to supporting and advancing women in the ...
12/12/2025
SAN FRANCISCO Ad-supported streaming service Tubi next week will launch Matter Casting, a new casting standard that will enable seamless mobile-to-TV viewing di...
12/12/2025
LOS ANGELES The Hollywood Professional Association (HPA) today said futurist Robert Tercek, creative technologist Jessie Hughes from Leonardo.AI and Emmy-winnin...
12/12/2025
Scripps Research team pioneers an efficient way to stereoselectively add fluorine to drug-like molecules A new method uses a novel catalyst and inexpensive fluo...
11/12/2025
Thomson and the Center for News, Technology and Innovation (CNTI) convened a two-day workshop in Sarajevo bringing together more than 35 journalists, editors, p...
11/12/2025
ESPN's Aims for Spectacular With Heisman Trophy ShowEvent firsts include 1080p HDR production airing on both national broadcast and cableBy Dan Daley, Audio...
11/12/2025
SVG Students To Watch: Frankie Patton, University of ColoradoThe 2025 grad is hitting the ground running as a PA on national broadcastsBy Brandon Costa, Directo...
11/12/2025
SVG Summit 2025 Technology Exhibits Preview, Part 3By SVG Staff
Thursday, December 11, 2025 - 7:24 am
Print This Story | Subscribe
Story Highlights
The 2...
11/12/2025
SVG Sit-Down: What Makes Gen Z, X, and Y Fans Tick? Dave Gavant of WSC Sports Go...
11/12/2025
SVG Summit 2025 Preview: 5G, MXL, Spectrum Loss, and Outerspace on Tap for Tues...
11/12/2025
2025 Sports Broadcasting Hall of Fame: David Levy, Turner Titan and Master of Al...
11/12/2025
SVG Launches Follow the Money' Podcast: Go Inside the Sports Media Biz with...
11/12/2025
A Deep Dive Inside Game Creek Video's Bird and Magic Mobile Units, Home to A...
11/12/2025
How Sound Effects for Monsters Funday Football' Emulated the Sonic Soul of ...
11/12/2025
SVG New Sponsor Spotlight: CSP Mobile Productions' Len Chase on Upgrading Tr...
11/12/2025
Having the right song soundtrack your moves can make all the difference when gam...
11/12/2025
It's been a big year for Taylor Swift. Her highly anticipated album The Life...
11/12/2025
New satellites for the SDA Tranche 1 Tracking program in production at L3Harris&...
11/12/2025
The Meadowlands system, a compact and mobile version of the CCS, uses ground-based radio frequency units to disrupt satellite communications....
11/12/2025
The L3Harris demonstration united tactical communications devices, counter-UAS c...
11/12/2025
Throughout 2025, L3Harris delivered innovative solutions to U.S. and allied warfighters across every domain.
With an unrelenting commitment to excellence, our...
11/12/2025
A Majority of the World's Population (51%) Identify As Soccer Fans
The 2025 MLB postseason notched 58.2 billion viewing minutes, up +24% from the prior y...
11/12/2025
WALTHAM, Mass. Video-over-IP software provider Zixi said Roi Sasson has joined the company as vice president, engineering....
11/12/2025
MOUNTAIN VIEW, Calif. In a move that highlights the growing competition between broadcasters and CTV platforms for local advertising, LG Ad Solutions has announ...
11/12/2025
Boston Conservatory Earns Several Best of Accolades in 2025 Highlights include a faculty Grammy win, a seventh consecutive year on Playbill's list of co...
11/12/2025
RASTATT, Germany Lawo and the Society of Motion Picture and Television Engineers (SMPTE) have partnered to launch the SMPTE ST 2110 Practical Lab, an immersive ...
11/12/2025
PHILADELPHIA Comcasts Xfinity operating brand has announced the launch of new national video plans with all-in pricing that the operator said will provide custo...
11/12/2025
After eight years of declines, MoffettNathansons new Cord Cutting Monitor for Q3 2025 shows that pay TV subscribers to linear TV packages rose by 303,000, the f...
11/12/2025
Happy Holidays from Berklee Enjoy this years holiday student-performance video.
December 10, 2025
By
Office of the President
Dear Berklee community,
As w...
11/12/2025
Unveiling what it describes as the most capable model series yet for professional knowledge work, OpenAI launched GPT-5.2 today. The model was trained and deplo...
11/12/2025
11 Dec 2025
VEON's Banglalink Receives Regulatory Approval to Launch Digita...
11/12/2025
Thursday 11 December 2025
Sky Arts paints a picture of Britain's beauty as ...
11/12/2025
Back to All News
Meet the Most Relatable Hero This Holiday: Main Trailer and Po...
11/12/2025
Back to All News
High Tides: Netflix Shares Release Date Final Season
Credit: Netflix / Thomas Nolf
Entertainment
11 December 2025
GlobalNetherlandsBelgium...
11/12/2025
Back to All News
Made in Texas: How Netflix House Dallas Is Leaving a Lasting Footprint
From left to right: America's Sweethearts: Dallas Cowboys Cheerl...
11/12/2025
Back to All News
The Second Part of One Hundred Years of Solitude Will Arrive i...
11/12/2025
It's not every day we're asked to create a website for a classical musician!
So, we were delighted to help pianist Georgina Duncan as she embarks on he...
11/12/2025
The Hollywood Professional Association (HPA) today announced additional programm...
11/12/2025
It's beginning to look a lot like Christmas!
Irish golfing hero Shane Lowry...
11/12/2025
RT Sport Awards 2025 live on RT One and RT Player at 8:05pm on Saturday 20 December
On Saturday 20 December live on RT One and RT Player at the earlier ti...
11/12/2025
Hunters, saddle up - adventure awaits in the cloud.
Journey into the world of M...
11/12/2025
Sash is ready to samba as Fair City star Stephanie Kelly is revealed as the late...
11/12/2025
Dalet, a leading provider of cloud-native, end-to-end media workflow solutions, ...
10/12/2025
Sound-Alike Commercials Are Part of Sports' Soundtrack Johnny Cash for Coca-Cola is the latest in a long litany of sonic approximationsBy Dan Daley, Audio ...
10/12/2025
Immersive Sound Is Logical Next Step for Sports VenuesSound-systems suppliers are sanguine, but the market has its challengesBy Dan Daley, Audio Editor
Wednes...
10/12/2025
The Romans Built Arenas for Immersive Sound 2,000 Years AgoThe historic Arena of Nimes in France is still in use todayBy Dan Daley, Audio Editor
Wednesday, De...