
--
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 ...
07/10/2026
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
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
28/07/2026
LiveU, the pioneer in IP-video transmission and cloud-based remote production, today detailed its historic performance records set during the 2026 FIFA World Cu...
28/07/2026
The NFL franchise rebuilt their off-site content operation for an era when teams...
28/07/2026
Longtime partners expand viewer choice, data-driven analysis, access, immersive ...
28/07/2026
There is a unique moment before every major production. The audience never sees it.
The cameras are ready. The talent is preparing. Directors review the final...
28/07/2026
The CW Network and ESPN have announced their highly anticipated streaming agreement to bring CW Sports' live events to the ESPN App will officially launch o...
28/07/2026
As more than tens of thousands of spectators filled Paris' Champ de Mars and...
28/07/2026
Appear's X Platform played a central role in Chile's first large-scale c...
28/07/2026
Responding to the broadcast industry's shift to embrace more flexible production platforms, Solid State Logic (SSL) is evolving its comprehensive System T p...
28/07/2026
Production leverages innovative camera technologies, AI, and data to capture the action in four-week inaugural competition
The first-ever professional dunking ...
28/07/2026
Prime Video to exclusively broadcast Wednesday night national NHL regular-season games in Canada...
28/07/2026
Every match will stream live on Paramount+ beginning in February,...
28/07/2026
Baxandall-inspired hardware EQ overhauled
TK Audio's Baxandall-inspired hardware EQ unit has just made a return, bringing the popular unit back into the...
28/07/2026
D700 system gains new live-focused rackmount surface
Asparion have just announced an expansion of their D700 control surface range, introducing a new model ...
28/07/2026
27 July 2026, Johannesburg - The National Film and Video Foundation (NFVF), an a...
28/07/2026
Ad Intel AI is Nielsen's first in a new generation of AI products built to t...
28/07/2026
Contribution to Europe's technological autonomy in the key industry telecommunications
aconnic AG (ISIN: DE000A0LBKW6), Munich, starts commercial shipments...
28/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/07/2026
Encompass Digital Media has been selected by Channel 4, one of the UK's public service broadcasters, to deliver managed linear playout services as part of a...
28/07/2026
Cinegy GmbH, the premier provider of software-defined television technology, has confirmed a new partnership with leading Korean systems integrator and distribu...
28/07/2026
Limecraft today announces version 2026.5 of its AI-powered production platform. Limecraft 2026.5 https://(www.limecraft.com/limecraft-2026-5-multicam-quad-view-...
28/07/2026
X Platform technology enabled a premium UHD viewing experience through a hybrid ground-to-cloud architecture developed with Chilevisi n, ClaroVTR and Pixop
App...
28/07/2026
LiveU, the pioneer in IP-video transmission and cloud-based remote production, today announced it has set historic performance records during the 2026 World Foo...
28/07/2026
dhd.audio announces that its latest generation firmware, Version 10.4, is now available to DHD customers. Version 10.4 introduces expanded configuration capabil...
28/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
28/07/2026
Brand's Intuitive Metering and Dialogue Tools Improve Efficiency and Maintain Clarity Across Projects Ranging from Sitcoms to Effects Heavy Fantasy Series
...
28/07/2026
TAG Video Systems, a leader in 100% software-based realtime media monitoring, multiviewing and quality control (QC), today announced the latest innovations to i...
28/07/2026
Harvard Athletics Transforms Collegiate Sports Storytelling with AJA Gear
Brie Clayton July 27, 2026
0 Comments
Between the maturation of IP and remot...
28/07/2026
New Live Action Projection Mapping Film Captured with URSA Cine 12K LF
Brie Clayton July 27, 2026
0 Comments
Large format sensor allows Texas Legacy ...
28/07/2026
NVIDIA Agent Toolkit Expands With New Omniverse Libraries, Putting AI Agents to ...
28/07/2026
AI Agents Expand Creative Tools to Millions
Brie Clayton July 27, 2026
0 Comments
Hero image courtesy of Epic Games
Leading creative applications are...
28/07/2026
How Rick Aggeler Built a Music Community for Boston Teens When he was a Berklee student, Aggeler volunteered at the Boys & Girls Clubs of Boston, where he hel...
28/07/2026
Tuesday 28 July 2026
Football is back on Sky Sports following its most watched ...
28/07/2026
Anyone can make a robot move; NVIDIA Jetson makes it think. As a discerning AI i...
28/07/2026
RT Raidi na Gaeltachta, RT Radio 1, RT One and RT Player to showcase the best of the reels, rhymes and rambles from Comhaltas Fleadh Cheoil na h ireann 202...
28/07/2026
Through a wide range of perspectives, this documentary looks at how Ireland might navigate one of the defining political questions of the future
Wednesday, Jul...
27/07/2026
The Audio Engineering Society Educational Foundation has named its scholarship and grant recipients for the 2026/2027 academic year. The awards support students...
27/07/2026
ESPN and the Mid-Eastern Athletic Conference (MEAC) have signed a multi-year media rights agreement covering basketball championships and select football and ba...
27/07/2026
Yahoo Sports and Cameo have partnered to allow fantasy football users to book personalized celebrity videos directly within the Yahoo Fantasy app and website. T...
27/07/2026
Eutelsat has welcomed the FCC's order establishing the regulatory framework for the transition of Upper C-band spectrum in the United States. Under the orde...
27/07/2026
ESPN and the International Dance League (IDL) have signed a global rights agreement for the 2026 season. Events will air bi-weekly on ESPN2 at 7 p.m. ET beginni...
27/07/2026
NBCUniversal and YouTube have signed a multi-year global partnership that includes bundling Peacock with YouTube Premium, extending NBCUniversal's distribut...
27/07/2026
Agenda includes presentations from the Miami Heat, Inter Miami, Florida Panthers...
27/07/2026
Behind The Mic provides a roundup of recent news regarding on-air talent, including new deals, departures, and assignments compiled from press releases and repo...
27/07/2026
Ten one-minute shorts will roll out across CBS, The CW, Paramount+ during the 2026 PBR Teams season
PBR is officially moving into scripted animation. The Profe...