
--
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
11/12/2025
Dalet, a leading provider of cloud-native, end-to-end media workflow solutions, ...
18/11/2025
KEIZER, Ore. Municipal broadcaster Keizer City Television, K23 TV, has deployed four Telycam PTZ cameras to upgrade the visual quality of its live meeting cover...
18/11/2025
STAMFORD, Conn. NBC Sports and Peacock have announced that they are working for the second consecutive year with the National Football League, EA Sports and Gen...
18/11/2025
LONDON A new Ampere Analysis study finds that familiar franchises are successfully driving kids' TV consumption on Netflix and that the streamers big bet on...
18/11/2025
PORTSMOUTH, N.H. TV viewers continue to find it challenging to find relevant programs in the fragmented universe of streaming content, according to new findings...
18/11/2025
20 Bob Dylan Songs That Reflect a Legacy of A-Changin On the heels of Bob Dylan receiving a Berklee honorary doctorate, we take stock of one of the most singu...
17/11/2025
EA SPORTS Madden NFL Cast to Return Thanksgiving Night With Immersive, Data-Driv...
17/11/2025
Behind the Broadcast Booth: Impact Ventures' Greer Christian on Building Her...
17/11/2025
SVG Sit-Down: Sportradar's Brian Josephs Talks Peacock's Powerful Perfor...
17/11/2025
2025 Sports Broadcasting Hall of Fame: Greg Gumbel, Iconic Voice and Comforting ...
17/11/2025
ESPN, Pixar, the NFL, and Beyond Sports Team Up for ESPN's Dec. 8 Monsters,...
17/11/2025
SVG Sit-Down: EA SPORTS' Evan Dexter on How the EA SPORTS Madden NFL Cast...
17/11/2025
Cast your votes and sail into 2026 with the return of SBS's the Chillest 100
17 November, 2025
Media releases
Voting is now open for Australia's ul...
17/11/2025
When VSI Group, one of the world's leading localisation providers, set out to modernise its complex, multi-site operations built through years of acquisitio...
17/11/2025
Dealmaking for broadcast stations continues to heat up, with Sinclair reporting it has built up a 8.2% stake in E.W. Scripps and has been talking with Scripps f...
17/11/2025
The worlds online population grew by more than 240 million people in 2025, according to Facts and Figures 2025 released today by the International Telecommunica...
17/11/2025
ASB GlassFloor, the leading provider in LED sports flooring, today announced the opening of Athletes Lab 2.0, a premier athletic training facility designed to e...
17/11/2025
SmallHD today announced the release of its popular Camera Control for Canon cinema cameras. This new integration enables filmmakers to adjust critical camera se...
17/11/2025
Luxury is in the details, and no one captures that better than the creative team at Samuel & Sons. As the visionaries behind iconic photography and advertising ...
17/11/2025
NVIDIA Apollo - a family of open models for accelerating industrial and computat...
17/11/2025
To power future technologies including liquid-cooled data centers, high-resoluti...
17/11/2025
At SC25, NVIDIA unveiled advances across NVIDIA BlueField DPUs, next-generation networking, quantum computing, national research, AI physics and more - as accel...
17/11/2025
Across quantum physics, digital biology and climate research, the world's researchers are harnessing a universal scientific instrument to chart new frontier...
17/11/2025
It used to be that computing power trickled down from hulking supercomputers to ...
17/11/2025
17 Nov 2025
VEON Commences USD 100 million Buyback Program Dubai, November 17, 2025: VEON Ltd. (Nasdaq: VEON), a global digital operator ( VEON or the Compan...
17/11/2025
Monday 17 November 2025
Sky brings top comedy talent to screens with new stand-up specials
Sky and streaming service NOW are bringing audiences a fresh dose o...
16/11/2025
L3Harris to deliver advanced electronic warfare systems quickly for worldwide F-16 programs...
16/11/2025
Upgrading your Apogee Symphony MKII from TB2 to TB3: Need to Knows Upgrading your Apogee interface to Thunderbolt 3 isn't difficult - but it's not a cas...
16/11/2025
Apogee Electronics Acquired by Dirk Ulrich's Rockforce Tech Holding, Parent ...
15/11/2025
BURBANK, Calif. The Walt Disney Company and YouTube TV have reached a new multi-year distribution agreement, ending a carriage dispute that had blacked out ABC,...
15/11/2025
PLYMOUTH, Wis. A group of about 20 TV technology vendors supporting NextGen TV are wrapping up their ATSC 3.0 Interop here at Heartland Video Systems headquarte...
15/11/2025
NEW YORK NBCUniversal has announced that it will be launching NBC Sports Network (NBCSN), a 24/7 linear network featuring a wide range of marquee sporting event...
15/11/2025
WASHINGTON The Federal Communications Commission has released an updated agenda for its Open Meeting on Thursday, November 20, 2025, which is scheduled to comme...
15/11/2025
JERSEY CITY, N.J. OpenVault has released new data showing that DOCSIS 3.1 and higher services are driving significant across-the-board increases in speed and co...
15/11/2025
ATLANTA Gray Media has concluded an agreement with the Ohio Valley Conference ( OVC ) to broadcast OVC college basketball games across 20 Gray markets in five s...
15/11/2025
NEW BERN, N.C. Wheatstone has named company veteran Darrin Paley vice president of business accounts, effective immediately....
15/11/2025
Back to All News
Netflix Serves Up the Trailer for Dining with the Kapoors'...
14/11/2025
Op-Ed: The Automation Imperative - Why AI Is the Only Scalable Defense Against L...
14/11/2025
FutureSPORT 2025: Caretta Research on why streaming won't save broadcasters By Jo Ruddock
Monday, November 10, 2025 - 14:37
Print This Story
Caretta R...
14/11/2025
Daneysse Daniels, Emmy-Winning Production Manager and Beloved Teammate at TNT Sp...
14/11/2025
The NBA 2K League Returns as an Immersive Entertainment Ecosystem' With Non...
14/11/2025
Inaugural SVG LIVE! Conference Brings 250 Top Sports and Entertainment Producti...
14/11/2025
(L-R) Suzette Quintanilla, Isabel Castro, and Chris P rez attend the 2025 Sundan...
14/11/2025
This week, Casa Spotify lit up Las Vegas with an unforgettable celebration of Latin music and culture ahead of the 26th Annual Latin Grammy Awards. Hosted at th...
14/11/2025
Boston Conservatory Orchestra to Perform at Carnegie Hall for United Nations Gen...
14/11/2025
Berklee Alum Lewis Pickett Wins Record of the Year at Latin Grammy Awards Pickett, a 2009 graduate, was nominated six times across three categories at this ye...
14/11/2025
PLYMOUTH, Wisc. A group of about 20 TV technology vendors supporting NextGen TV are wrapping up their ATSC 3.0 Interop here at Heartland Video Services headquar...
14/11/2025
What if your idle operations centers, inactive cloud time, staff or you as a freelancer could start generating revenue tomorrow?
NECF Corporation today announc...
14/11/2025
Dalet, a leading provider of cloud-native, end-to-end media workflow solutions, today announced that it has been recognized as a Major Player in the IDC MarketS...
14/11/2025
The recent ADAC RAVENOL 24h Race at Germany's legendary N rburgring circuit marked a milestone for live broadcast production, and Clear-Com played a pivota...