
--
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 ...
07/10/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...
09/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/09/2026
AI has moved firmly beyond experimentation in UK advertising, with more than eight in ten marketers (83%) now actively using or piloting AI in production, accor...
09/09/2026
IBC2026 - Stand 7.D22
At IBC2026, Pixitmedia by DataCore will showcase its latest capabilities designed to simplify distributed production, accelerate workflow...
09/09/2026
Stockholm, Sweden September 9th, 2026 At IBC2026, on booth 1.B47, Net Insight will showcase Open Live Media, its architecture for delivering resilient live ...
09/09/2026
Net Insight today announced that DMC Production Norway is continuing the use of its Open Live Media technology for premium European football, deploying Nimbra 5...
09/09/2026
Amagi, the media industry cloud platform for unified broadcast, streaming, and monetization, will showcase four new AI-native capabilities at IBC2026, Hall 5, S...
09/09/2026
Limecraft today announces version 2026.6 of its AI-powered production platform, extending capabilities for connected media operations. An AI-assisted approach t...
09/09/2026
Telestream, a global leader in media workflow technologies, today announced the next evolution of its Practical AI strategy, evolving its comprehensive portfoli...
09/09/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced the appointment of Brian Doheny as Chief Executive Officer (CEO)....
09/09/2026
LiveU is now a Clarus Integrated Reseller, bringing Starlink's fast, reliable broadband directly into LiveU's cellular bonding EcoSystem through a singl...
09/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/09/2026
Wisycom is showcasing the latest additions to its ecosystem of professional RF technologies at IBC 2026 (Stand 8.D60). This includes its new MATF Wideband Anten...
09/09/2026
AMSTERDAM, IBC2026 VisualOn, Inc. and Cires21 today released an updated joint whitepaper at IBC 2026 demonstrating measurable, high-impact improvements in visu...
09/09/2026
Sony Electronics Introduces Its First Fisheye Zoom G Lens
Brie Clayton September 8, 2026
0 Comments
Compact, lightweight SEL814G Full-frame lens deliv...
09/09/2026
Blackmagic Design Announces DaVinci Resolve 21.1
Brie Clayton September 8, 2026
0 Comments
Major update adds AI assistant integration, expanded camera...
09/09/2026
Cuez Integrates AI into a Unified Broadcast Production Workflow
Brie Clayton September 8, 2026
0 Comments
Cuez announces the expansion of its cloud-ba...
09/09/2026
RT brings three packed days of live radio, entertainment, news, weather and fun
Join RT Radio 1: Morning Ireland, Oliver Callan, Today with David McCullagh,...
08/09/2026
Comcast Technology Solutions (CTS) has announced a multi-year agreement with A E...
08/09/2026
Spectra Logic today announced the availability of Media Insight, a new capabilit...
08/09/2026
Rogers Communications and Quebecor have announced a 12-year sublicensing agreement for French-language national NHL games beginning with the 2026-27 season. TVA...
08/09/2026
Skyline Communications and Bridge Technologies will demonstrate two integrations...
08/09/2026
Boland Communications will make the European debut of its 4K55HDR7SNB 55-inch super-narrow-bezel monitor at IBC2026 (Stand 12.C57, RAI Amsterdam, September 11-1...
08/09/2026
Ateme and Comcast Technology Solutions (CTS) have announced a collaboration comb...
08/09/2026
Haivision has joined the IBC Accelerator Media Innovation Programme as part of t...
08/09/2026
Blackmagic Design has announced price reductions on its PYXIS 6K and Cinema Camera 6K models, effective immediately through Blackmagic Design resellers worldwid...
08/09/2026
AI-Media will demonstrate its LEXI Suite at IBC2026 (Booth 5.C34, September 11-1...
08/09/2026
Bitmovin and Ad Insertion Platform (AIP) have announced the first live deploymen...
08/09/2026
Grass Valley will demonstrate story-centric media workflows at IBC2026 (Booth 9.A01, RAI Amsterdam, September 11-14), connecting newsroom production, content ma...
08/09/2026
M2A Media and Ateme have announced a partnership integrating Ateme's video processing solutions into M2A Media's MediaToAnywhere platform for live sport...
08/09/2026
Ikegami will exhibit at IBC2026 (Stand 12.A31, RAI Amsterdam, September 11-14), including a Day 1 introduction of new cameras in the UNICAM XE series. Additiona...
08/09/2026
Broadcast industry analysts will be gathering plenty of insights at the 2026 IBC Show this weekend in Amsterdam, but Caretta Research has offered up some though...
08/09/2026
SENSHI and DAZN have announced a global broadcast partnership that will bring SENSHI's live events free to viewers in more than 200 markets. The partnership...
08/09/2026
New architecture built with Evertz will bring 4K HDR to Monday Night Football, N...
08/09/2026
Built for rap producers, by rap producers
Sauceware Audio, the independent plug-in company founded by Grammy-nominated producer Jacob (Travis Scott, 21 Sava...
08/09/2026
Classic Sound Techniques design revived
Warm Audio's latest release delivers a meticulous recreation of the preamp circuitry employed by the Sound Techn...
08/09/2026
Latest soft synth inspired by the Memorymoog
XILS Lab have just launched a software instrument that draws its inspiration from Moog's iconic Memorymoog,...
08/09/2026
The Airport Chaplain takes off as SBS's biggest launch of 2026
8 September, 2026
Media releases
1.67 million viewers on National Total TV to date
Best...
08/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/09/2026
Mo-Sys, the world-leading developer of virtual production, camera robotics and image tracking technology, has completed a business restructuring, which has incl...
08/09/2026
New York, September 8, 2026 The TSAmediaHUB audiovisual contribution and distribution infrastructure developed by Telef nica's Audiovisual Services area re...
08/09/2026
Expanded Riyadh operation brings Asharq and Thmanyah services together on a resilient on-premises Pebble platform.
Pebble, the leading automation, content mana...
08/09/2026
Techex, a pioneering leader in live video workflows, will showcase its broadest software feature set to date at IBC 2026 (Stand 2.B45), extending its lead in so...
08/09/2026
Visitors to Grass Valley's booth at IBC2026 will be introduced to new Framelight X capabilities that connect content acquisition, management, editing and pu...
08/09/2026
BCNEXXT will showcase the latest evolution of Vipe at IBC2026 (Stand 2.B09), introducing a series of innovations designed to deliver higher-quality audience exp...