
--
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
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...
11/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/03/2026
Matrox Video will showcase its vision for the future of live production at NAB 2026 in Las Vegas, April 19-22, highlighting how broadcasters and media organizat...
11/03/2026
Geneva-based technology company, GlobalM SA, is presenting its GMX Distributed Video Gateway, a software-defined IP media transport platform designed to replace...
11/03/2026
Backlight (booth #N2829), the company behind Iconik and Wildmoka, which power video workflows for large media and entertainment organizations, has released the ...
11/03/2026
QuickLink, a leading provider of award-winning video production and remote guest contribution solutions, presents its latest StudioEdge models at The NAB Show ...
11/03/2026
Telestream, a global leader in media workflow technologies, today announced the expansion of Telestream Cloud Services with the introduction of UP, a new cloud-...
11/03/2026
Operative, the preferred advertising management provider for the world's leading media brands, today announced the launch of AOS for digital media, an AI-po...
11/03/2026
Calrec will be located in Central Hall, on Booth C6907
Choice without compromise
The broadcast industry is going through a rapid evolution that s signalling a...
11/03/2026
The new service is hosted and operated entirely in the Netherlands, combining data sovereignty, resilience, scalability, and predictable costs without relying...
11/03/2026
Ease Live, an Evertz company and leader in interactive graphical overlays, today announced the successful deployment of its platform on Red Bull TV for Premier ...
11/03/2026
Mediagenix, a global leader in smart content solutions to profitably connect the right content to the right audience, is advancing its Semantic Intelligence cap...
11/03/2026
Emergent, a leading provider of AI-enhanced media production solutions, today announced the official launch of Fusion, a powerful, no-code application builder d...
11/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/03/2026
Utah Scientific today announced the expansion of its Technology Partner Program with the addition of Audinate, Bitfocus, and Skaarhoj, three industry leaders wh...
11/03/2026
DigitalGlue, creator of the creative.space on-premise managed storage platform, today revealed plans to launch creative.space Intelligence (CSI) at NAB 2026 (Bo...
11/03/2026
Maxon, maker of powerful, approachable software solutions for creators working in 2D and 3D design, motion graphics, visual effects, gaming, and more, has annou...
11/03/2026
Composer and Re-recording Mixer Michael Phillips Keeley has built his career around immersive storytelling. Working from his Dolby Atmos-equipped studio, Sound ...
11/03/2026
Leading video software provider Synamedia today announced that YES, the pay-TV subsidiary of the telco Bezeq (TASE: BEZQ), has selected Synamedia Iris to delive...
11/03/2026
As media companies face increasing cost pressures and operational complexity, at the 2026 NAB Show in Las Vegas, Viaccess-Orca (VO), a global leader in OTT / TV...
11/03/2026
Digital Alert Systems, a global leader in emergency communications solutions for media providers, today announced the release of Version 6 software for its DASD...
11/03/2026
First Medium-Earth Orbit (MEO) deployment of the emergency.lu platform for refugees and their host communities' use provides dependable broadband for humani...
11/03/2026
Foundry releases Nuke 17.0
Brie Clayton March 1, 2026
0 Comments
Native Gaussian Splat support, new 3D system based on USD, expanded machine learning ca...
11/03/2026
Preserving UNESCO World Heritage with URSA Cine Immersive
Brie Clayton March 1, 2026
0 Comments
The Explorers turned to France's cultural landmark...
11/03/2026
I Clicked This By Accident And It Made After Effects SO Much Faster
Graham Quince March 1, 2026
0 Comments
Discover how Region of Interest in Adobe A...
11/03/2026
Cine Gear Connect Brings a Focused All-Day Experience to Industry City, NY
Brie Clayton March 4, 2026
0 Comments
Registration is now open for Cine Gea...
11/03/2026
La Vor gine Edited and Finished with DaVinci Resolve Studio
Brie Clayton March 4, 2026
0 Comments
One of Colombia's most ambitious projects goes g...
11/03/2026
SoundMarket Launches 18,000 Tracks of Real Music by Award-Winning Composers for...
11/03/2026
Capta Center Supports NOVO19 Remote Production with Blackmagic Design
Brie Clayton March 5, 2026
0 Comments
The facility provides production and playo...
11/03/2026
DigitalGlue Ends the Post-Production Tax: creative.space Intelligence (CSI) Unif...
11/03/2026
Kochi Sun Sun Uses Blackmagic Replay for High School Volleyball Finals
Brie Clayton March 9, 2026
0 Comments
Versatile Blackmagic Replay system proves...
11/03/2026
Richard Bona Joins Berklee for Signature Series Concert The Grammy-winning Cameroonian bassist and vocalist collaborates with students and faculty in a progra...
11/03/2026
Launched today, NVIDIA Nemotron 3 Super is a 120 billion parameter open model with 12 billion active parameters designed to run complex agentic AI systems at sc...
11/03/2026
Scripps Research scientists awarded nearly $5 million by NIH to investigate cancer growth Researchers will investigate how a common dietary nutrient may control...
11/03/2026
TELL US YOUR (SHORT) STORIES
The 2026 RT Short Story Competition is now open for entries
Recognising and rewarding the best new Irish fiction writing for...
11/03/2026
RT 's The Traitors Ireland is among the nominees for the 2026 Celtic Media Festival Torc Awards for Excellence, announced today....
10/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...