Sony Pixel Power calrec Sony

Court appeal won by e.tv over encryption

01/06/2016

--

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
LINK: http://www.screenafrica.com/page/news/business/1658637-Court-appeal-wo...
See more stories from screenafrica

Most recent headlines

05/01/2027

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be demoed at CES 2026

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...

07/10/2026

Dalet Flex LTS Delivers Smarter Media Operations from Ingest to Distribution

Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...

06/09/2026

Dolby and MagentaTV Bring Fans Closer to the FIFA World Cup 2026 in Germany with Dolby Vision and Dolby Atmos

June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...

04/08/2026

Dalet Announces Commercial Availability of Dalia, Bringing Media-Aware Agentic AI to Enterprise Productions

Dalet, a leading technology and service provider for media-rich organizations, t...

21/07/2026

Cinegy directly addresses the real issues of software-def...

Cinegy GmbH, the premier provider of software-defined television technology, will use its presence at IBC2026 (stand 7.A01, Amsterdam RAI, 11 14 September) to...

21/07/2026

Calrec brings leading audio solutions and long term busin...

Calrec will be located in Hall 8, on Stand C47 Beyond bigger For years, broadcast facilities were built around one assumption: provision for the biggest pro...

21/07/2026

Pebble takes the next step towards the future of media de...

Pebble, the leading automation, content management and integrated channel specialist, will discuss its future-facing developments for the new generation of medi...

21/07/2026

nxtedition Brings Production, AI and Automation Together...

nxtedition returns to IBC2026 with its consolidated production platform, showing how scripting, editing, graphics, AI-assisted tools and automation can work wit...

21/07/2026

Big Blue Marble brings C2PA Content Credentials to Cloud...

C2PA content signing helps broadcasters, public institutions, and publishers give audiences a verifiable record of where their video content came from and how i...

21/07/2026

HDHomeRun Enables Operation During Internet Outages

Share Copy link Facebook X Linkedin Bluesky Email...

21/07/2026

Calif. Federal Judge Pauses Paramount-WBD Merger

Share Copy link Facebook X Linkedin Bluesky Email...

21/07/2026

AWARN Rebuts Weigel Claims of 3.0 EAS Problems

Share Copy link Facebook X Linkedin Bluesky Email...

21/07/2026

FCC Announces Tentative Agenda for August Open Meeting

Share Copy link Facebook X Linkedin Bluesky Email...

21/07/2026

VIDA Introduces QC Manager for Collaborative Quality Cont...

New capability centralizes collaboration, feedback, security and status tracking within VIDA, providing a structured, auditable approach to master quality contr...

21/07/2026

Lightcraft Launches Exclusive Spark Story Beta for Filmmakers and Creators at SIGGRAPH 2026

Lightcraft Launches Exclusive Spark Story Beta for Filmmakers and Creators at SI...

21/07/2026

Indie Road Movie Where in the Hell Shot with Pocket Cinema Camera 4K

Indie Road Movie Where in the Hell Shot with Pocket Cinema Camera 4K Brie Clayton July 20, 2026 0 Comments Colorist blends vintage film looks to shape...

21/07/2026

Which USS Defiant Pulse Phaser effect is better?

Which USS Defiant Pulse Phaser effect is better? Graham Quince July 20, 2026 0 Comments Aargh, ever since @DarkRavenProductions posted a comment ask...

21/07/2026

RT announces biggest ever year for new drama

160 hours of Irish storytelling for 2026 KIN and The Walsh Sisters return RT has today unveiled its most ambitious drama slate ever, with a record-breakin...

20/07/2026

SVG All-Stars: Rob Coons, Senior Director, StudentU, Big Ten Network

The former Northwestern broadcast-operations leader is helping train the next generation of live-sports-production talent across the Big Ten The sports-product...

20/07/2026

Give Me the Backstory: Get to Know Stacey Lee, the Filmmaker Behind Murder 101

By Lucy Spicer One of the most exciting things about the Sundance Film Festival is having a front-row seat for the bright future of independent filmmaking. Whi...

20/07/2026

Graph Tech Guitar Labs open UK Online Store

Product range now readily available in the UK Graph Tech Guitar Labs have just announced the launch of a new UK Online Store that makes it quicker and easie...

20/07/2026

Audeze launch the Maxwell 2 ANC

Popular headset gains active noise cancellation The Maxwell headet was Audeze's first foray into the gaming world, and thanks to its Dolby Atmos compati...

20/07/2026

The National Film and Video Foundation (NFVF) Call for Public Screening funding applications for Cycle 1, 2026/27 financial year is Open

The NFVF, an agency of the Department of Sport, Arts and Culture, has released t...

20/07/2026

Telemundo Inks Another Major U.S. Spanish-Language Soccer Deal

Share Copy link Facebook X Linkedin Bluesky Email...

20/07/2026

HDHomeRun Enables Operation During An Internet Outage

Share Copy link Facebook X Linkedin Bluesky Email...

20/07/2026

Starfish highlights flexible, scalable transport stream p...

Starfish Technologies will use IBC2026 to showcase the flexibility of its transport stream processing software, including the latest versions of TS Splicer (Win...

20/07/2026

Bitfocus makes the connections at IBC2026

Bitfocus, the specialist in media control and monitoring, will show at IBC2026 (Elgato stand 8.D31, Amsterdam RAI, 11 14 September) how its Buttons control la...

20/07/2026

Mediagenix Introduces Trusted Agentic AI Operating Model...

Mediagenix, a global leader in smart content solutions to profitably connect the right content to the right audience, today announced new AI capabilities that e...

20/07/2026

Big Blue Marble Cloud DRM nominated for Streaming Media R...

Big Blue Marble's Cloud DRM has been nominated in the DRM/Content Protection category of the 2026 Streaming Media Readers' Choice Awards. Only four pro...

20/07/2026

Sky brings free global roaming to millions of loyal customers when they choose Sky Mobile

Monday 20 July 2026 Sky brings free global roaming to millions of loyal custome...

20/07/2026

Red Seat Ventures Announces Introduction of Premium Creator and Podcast Communities to Amazon DSP

Red Seat Ventures Announces Introduction of Premium Creator and Podcast Communit...

20/07/2026

RT secures exclusive free-to-air Irish rights to the 2030 FIFA World Cup

FIFA World Cup Final sets new RT Player record as the most-streamed single event in the platform's history Over 1 million viewers watched live on RT 2 as ...

20/07/2026

At SIGGRAPH, NVIDIA Advances Graphics and Simulation With Agentic and Physical AI

At this year's SIGGRAPH conference, running through Thursday, July 23, in Lo...

20/07/2026

Bristol Myers Squibb Building Life Science Industry's Most Advanced AI Factory on NVIDIA Vera Rubin

Erin Davis calls it the SuperDuperPOD. That's two things in one name: phar...

19/07/2026

Halftime Show at FIFA World Cup Final Joins a Litany of Firsts for the Quadrennial Event

Justin Bieber, Madonna, Shakira, BTS make for a diverse lineup, and the venue ad...

19/07/2026

More Than Just a Game: FIFA World Cup's Lance Brass Breaks Down Stadium Production and Entertainment

The stage is set: three-time champion Argentina will defend its World Cup title ...

19/07/2026

Acustica reveal Mystic 2

Channel strip plug-in gets upgraded Acustica Audio's vintage-inspired channel strip plug-in has just been treated to an update that expands its tonal ra...

18/07/2026

More Than Just a Game: FIFA World Cups Lance Brass Breaks Down Stadium Production & Entertainment

Topics include pre-match ceremonies, live performances, the tournament's fir...

18/07/2026

As the Final Approaches, FIFA and HBS Take Stock of a World Cup That Rewrote the Production Playbook

When FIFA and HBS set out to produce the 2026 FIFA World Cup, the numbers alone ...

18/07/2026

IK Multimedia add Brown Panel Signature Collection to TONEX

Captures nine sought-after Fender amps IK Multimedia's latest TONEX expansion captures a selection of nine rare Brown Panel' Fender amps that were ...

18/07/2026

Frap Tools update the Magnolia

Latest batch ships alongside firmware update Since being unveiled at Superbooth 2025, Frap Tools' debut polysynth has been met with widespread praise, a...

18/07/2026

Netflix Viewing Hit Record 97 Billion Hours in First Half of 2026

Share Copy link Facebook X Linkedin Bluesky Email...

18/07/2026

YouTube's Creative Ecosystem Contributed $60 Billion to U.S. GDP

Share Copy link Facebook X Linkedin Bluesky Email...

17/07/2026

SVG GameDay, Ep. 24: Mercedes-Benz Stadiums Cole Gallagher - Supporting Shows in the ATL

In-venue and creative video staffers at the professional and collegiate level ha...

17/07/2026

Brooklyn Bowl Williamsburg Stagehands Vote to Join IATSE Local 4

Production workers at Brooklyn Bowl's Williamsburg location voted 15-1 to join IATSE Local 4. The bargaining unit covers 24 production workers at the venue,...

17/07/2026

DAZN and ADI Predictstreet Announce Exclusive Global Prediction Market Partnership

DAZN and ADI Predictstreet have announced an exclusive global strategic partners...

17/07/2026

Zixi and Comcast Technology Solutions Announce Integration for C-Band Satellite Replacement

Zixi and Comcast Technology Solutions (CTS) have announced a strategic integrati...

17/07/2026

Professional Fighters League Announces Multi-Year Partnership with ESPN in Brazil

Professional Fighters League (PFL) has announced a multi-year partnership with E...

17/07/2026

Spectrum Business Launches Spectrum TV Control Pro for Multi-Screen Venue Management

Spectrum Business has announced Spectrum TV Control Pro, a centralized app-based...

17/07/2026

Clark Wire and Cable Appoints Rick Fernandez as Latin American Representative

Clark Wire and Cable has announced that Rick Fernandez, Managing Director of Axxion Consulting, will serve as Independent Manufacturers Representative for Centr...