
--
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 ...
01/06/2026
January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026
Throughout the week, Dolby brings to life the latest innovatio...
02/05/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
01/05/2026
January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...
01/04/2026
As sports media organization continue to seek out new ways to streamline their p...
01/04/2026
The SVG GFX Forum hit New York City earlier this month for a day packed with sessions focused on the creative strategy and technology behind today's cutting...
01/04/2026
This year, Spotify celebrates the five-year anniversary of EQUAL, our global pro...
01/04/2026
Analogue-style tape splicing in the digital domain
In this era of digital recording and multiple layers of Undo, it seems that the fading art of tape splici...
01/04/2026
Latest release introduces new Orbita Engine
Zero G's latest release marks the start of a new series of libraries, as well as introducing an all-new engi...
01/04/2026
Until now, one format has largely been left behind
Warm Audio's extensive product range includes modern-day recreations of all manner of sought-after s...
01/04/2026
A piano with glass vessels for strings!
The Crow Hill Company's recently released Gong Piano offered a refreshing new take on piano libraries, harnessin...
01/04/2026
Remote Streaming Studio Condenser
Aim Audio have just revealed their latest creation, the ESSENCE RS Remote Streaming Studio Condenser, which becomes the wo...
01/04/2026
The National Film and Video Foundation (NFVF) is pleased to announce that the ca...
01/04/2026
Bilbao, April 1st, 2026 - AgileTV, a leading provider of end-to-end TV technolog...
01/04/2026
Green Hippo is excited to announce the launch of its new Hippotizer Media Server training courses at Pixel Academy, a purpose built AV learning hub combining ha...
01/04/2026
TAG Video Systems, a global leader in IP-native broadcast monitoring, multiviewing, and quality control, today announced a collaboration with Oracle Cloud Infra...
01/04/2026
Professional Wireless Systems (PWS), a leading provider of wireless audio solutions and RF management, was on site at the Caesars Superdome in New Orleans, wher...
01/04/2026
AgileTV, a leading provider of end-to-end TV technology solutions, has deployed next , the new IPTV platform of the Austrian telco LIWEST, marking the first st...
01/04/2026
LTN, a leader in fully managed IP video transport, and Ateme, a global leader in video compression and delivery solutions, today announced a collaboration integ...
01/04/2026
Adobe Unveils Powerful New Innovations for Creative Pros in Adobe Illustrator
Deepa Subramaniam April 1, 2026
0 Comments
I'm excited to share that...
01/04/2026
Boland Communications Introduces QD4K315HDR10 QD-OLED Series Monitors for Live P...
01/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/04/2026
Mediagenix Showcases Semantic Intelligence-Powered Title Management, Schedule Op...
01/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/04/2026
Victoria Mon t Brings the Multi-Hyphenate Mindset to Career Jam 2026 The Grammy-winning singer, songwriter, and producer shared how versatility and self-inves...
01/04/2026
UKTV today announces that Jonathan Newman has formally stepped into the role of ...
01/04/2026
A New Season of Expression: Save 30% On Ivory 3There are moments in music when everything changes-when new ideas break through and redefine what's possible....
01/04/2026
Wuppertal April 1, 2026
Binghamton University Strengthens Student Run Producti...
01/04/2026
Back to All News
A Demon Falls for a Human in Long Vacation: Netflix Greenlight...
01/04/2026
Back to All News
All WWE Is Now Live Only on Netflix in Italy
Entertainment
01 April 2026
GlobalItaly
Link copied to clipboard
ALL WWE IS NOW LIVE
ON NET...
01/04/2026
Harmonic's Media Processing Solutions Maximize Bandwidth Efficiency for Terrestrial Broadcast Delivery SAN JOSE, Calif. - April 1, 2026 - Harmonic (NASDAQ: ...
01/04/2026
Rugby fans won't miss a moment of the action this spring, with full Women...
01/04/2026
T Bluey ag teacht go RT ! Beginning on Monday 6 April 2026, Bluey will be available as Gaeilge on RT KIDSjr and RT Player. Children will be able to connect w...
01/04/2026
January 4 2026, 18:00 (PST) DOLBY AND DOUYIN EMPOWER THE NEXT GENERATON OF CREATORS WITH DOLBY VISION
Douyin Users Can Now Create And Share Videos With Stun...
31/03/2026
MeyerPro delivered the LED production for the Microsoft Ignite 2025 keynote at Chase Center in San Francisco, using more than 2,700 ROE Visual panels across mul...
31/03/2026
The Media Coding Industry Forum (MC-IF) is expanding membership outreach in 2026...
31/03/2026
ViewLift and MyOutdoorTV (MOTV) have announced the launch of ViewLift Conversational AI Search on the MyOutdoorTV platform. The feature enables natural language...
31/03/2026
The Atlanta Braves and Gray Media have announced a multi-year agreement to simul...
31/03/2026
Gravity Media has delivered broadcast services for TAB Golden Slipper Day at Rosehill Gardens on March 21 and will now cover The Star Championships at Royal Ran...
31/03/2026
Synamedia has announced that Mileto Tecnologia, a Brazilian pay-TV operator, has selected the Synamedia Go platform for its OTT expansion. Mileto is also deploy...
31/03/2026
KMH Integration will attend NAB Show in Las Vegas with a focus on what the company calls AV Casting - an approach built on the idea that professional AV and bro...
31/03/2026
Prime Video will carry live coverage of the first and second rounds of the 2026 Masters Tournament, beginning at 1:00 p.m. ET on Thursday, April 9 and Friday, A...
31/03/2026
The NHL and its U.S. and Canadian broadcast partners have announced a collaborat...
31/03/2026
Daktronics has partnered with Wake Forest to manufacture and install a new end z...
31/03/2026
The National Football League has announced that Las Vegas will host Super Bowl LXIII in 2029 at Allegiant Stadium. The announcement was made at the NFL Annual M...
31/03/2026
The NFL has announced a partnership with TMRW Sports to develop and operate a professional flag football league for women and men. The league will launch with i...