
--
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 ...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
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 ...
18/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
18/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
18/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
18/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
18/04/2026
New York, NY, April 17, 2026 -- TAG Video Systems has announced an integration with Amazon Web Services (AWS) Elemental MediaConnect Router. The integration bri...
18/04/2026
Pro Sound Effects (PSE), the leading provider of professionally recorded sound effects for film, television, advertising, and technology today announced the lau...
18/04/2026
Fincons Group, a multinational IT business consulting and system integrator firm, announced today that it has achieved Amazon Web Services (AWS) Media & Enterta...
18/04/2026
Adobe extends leadership in video: unleashing new AI-powered creation in Firefly...
17/04/2026
The World Fencing League (WFL) has announced DAZN as its primary global streamin...
17/04/2026
ARRI Releases ALEXA 35 SUP 6.0 and LPS-1 SUP 1.3 Software Updates
ARRI has announced software updates for its ALEXA 35 Live camera and Live Production System L...
17/04/2026
Sennheiser has announced Spectera Studio, an offline system planner for its Spec...
17/04/2026
Deltatre and the German Football Association (DFB) have announced DFB.TV+, a DFB-owned direct-to-consumer streaming service developed and operated by Deltatre. ...
17/04/2026
Global sports marketing agency IMG has announced new senior leadership roles, designed to strengthen how it supports rightsholders and partners in the midst of ...
17/04/2026
NAGRAVISION and Harmonic have announced a watermarking-as-a-service solution for...
17/04/2026
NETGEAR and EVS Broadcast Equipment have announced a global technology partnersh...
17/04/2026
America's broadcasters are launching the NEXTGEN TV Converter Box Program, a new initiative designed to provide millions of American viewers with a low-cost...
17/04/2026
Quantum Corp. will exhibit at NAB Show 2026 (Booth N1726), presenting what it ca...
17/04/2026
Leadership and Staff Announce '20/20 Vision' Playbook...
17/04/2026
TNT Sports has announced a multi-year agreement for U.S. media rights to the FIA World Endurance Championship (WEC). Three events will air on truTV - the 24 Hou...
17/04/2026
Scripps Sports has announced a multi-year broadcast partnership with PBR (Profes...
17/04/2026
Adder Technology, a specialist in connectivity solutions and high performance IP KVM, today announced the latest release of AIM, its IP KVM matrix management so...
17/04/2026
Victory , a free sports streaming platform from A Parent Media Co. Inc. (APMC), has announced a multi-year content distribution partnership with the Dallas Cowb...
17/04/2026
In-venue and creative video staffers at the professional and collegiate level have one major thing in common: the intensity and attention to detail ramps up dur...
17/04/2026
Quickplay has announced the full-scale deployment of Gray Media's streaming ...
17/04/2026
Clear-Com has introduced the FreeSpeak Cell cellular-based wireless intercom system that uses LTE and 5G infrastructure to support large-scale production commun...
17/04/2026
The 2026 NAB Show kicks off Saturday, April 18, with the show floor and exhibits opening April 19-22 at the Las Vegas Convention Center. The show features more ...
17/04/2026
Ratings Roundup is a rundown of recent rating news and is derived from press rel...
17/04/2026
Versatile ribbon mic kit revealed
The latest arrival to the AEA line-up brings together three contrasting models from their Nuvo range, delivering a versati...
17/04/2026
Revealed following sold-out MPG Awards ceremony
Following another sold-out MPG Awards ceremony at The Troxy in London, the MPG have released a full list of ...
17/04/2026
L3Harris towed array systems provide U.S. Navy submarines with extended acoustic...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Cobalt Digital and SineSix Media Partner to Transform Accessibility Compliance into a More Engaging Viewer Experience at NAB Show 2026
Collaboration integrates...
17/04/2026
Strengthening Appear's North America team with a new Vice President of Business Development
Appear ASA (Appear, OSE: APR), a global leader in live producti...
17/04/2026
New framework helps broadcasters, streaming platforms, and sports organizations apply AI to live video for monetization, metadata, highlights, and downstream wo...
17/04/2026
New whitepaper gives broadcasters and OTT operators independent, codec-by-codec evidence that the VisualOn Optimizer transforms viewer quality of experience.
V...
17/04/2026
Blackmagic Design Announces New Blackmagic URSA Cine Immersive 100G
Brie Clayton April 17, 2026
0 Comments
World's first immersive cinema camera f...
17/04/2026
NAB 2026: Vubiquity and Eluvio Showcase Streaming Solution that Significantly Re...
17/04/2026
What Makes a Good Marathon Running Playlist? We asked Xander Dawson, an eighth-semester saxophone major at Boston Conservatory running the Boston Marathon thi...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
At NAB Show 2026, PTZOptics (Booth N1902) will showcase a live sports streaming demo created in collaboration with Moondream, offering a new look at how Visual ...
17/04/2026
The Eindhoven University of Technology is a research university in the Netherlands spanning 25 buildings, specialising in engineering, science and technology. D...
17/04/2026
Documentary Editor - US, Remote
Brie Clayton April 17, 2026
0 Comments
Documentary Editor
April 13, 2026Freelance Video Cameraman - Los......