
--
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...
03/09/2026
Accedo, a global provider of video streaming software and services, and MediaKind, a world-leading video technology company and the number one independent provi...
03/09/2026
International research from Big Blue Marble puts a consumer churn number against a technical failure, and sets out what streaming providers must fix before 2030...
03/09/2026
High-performance points of presence power video streaming delivery to large audiences across Latin America with guaranteed quality of experience
Broadpeak , a ...
03/09/2026
Dalet, a leading technology and service provider for media-rich organizations, will unveil the next evolution of Dalia at IBC2026 (7.A43), its media-aware agent...
03/09/2026
CGI (TSX: GIB.A) (NYSE: GIB), one of the world's largest independent IT and business consulting services firms, will showcase CGI OpenMedia Evolve and CGI d...
03/09/2026
LiveU is participating in the IBC Accelerator Incubator 2026: Smart Stories The New Knowledge Architecture for Content Production, an industry-wide initiative...
03/09/2026
Broadcast Solutions, a leading systems integrator and provider of innovative solutions for the broadcast and media industry, has taken another major step in its...
03/09/2026
Quortex today announced that it will showcase how it is accelerating innovation and the transition to IP at IBC 2026. The company will debut its newest intellig...
03/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/09/2026
The EZDRM approach to Revenue Security on streaming video can be visualized as a multi-dimensional set of solutions. A growing dimension of that approach is the...
03/09/2026
From field capture to management, control and production, Kiloview will demonstrate one connected Hybrid AV-over-IP workflow including a complete 4RU producti...
03/09/2026
Mediagenix, a global leader in smart content solutions to profitably connect the right content to the right audience, today announced Mediagenix Curation, a new...
03/09/2026
LucidLink, the Emmy-winning cloud-native file streaming platform for instant, secure access to large files, today announced the next step in its vision to make ...
03/09/2026
Fraudulent communications purportedly from Screen Australia 3 September 2026
Screen Australia is aware of scam attempts involving fake emails and promotional m...
03/09/2026
AJA Introduces FS8, Next-Gen 12G-SDI/SMPTE ST 2110 Media Processor
Brie Clayton September 2, 2026
0 Comments
AJA Video Systems unveiled FS8, a video a...
03/09/2026
Shooting Deadheading with Blackmagic URSA Cine 12K LF
Brie Clayton September 2, 2026
0 Comments
Bringing a small story to the big screen with dark com...
03/09/2026
OOONA Launches OOONA Go: Professional Localization Management for Small Companie...
03/09/2026
DURHAM, N.C. - East of Texas Durham has officially opened its doors at American ...
03/09/2026
First Class Takes is a new six-part series for RT KIDS that captures funny, hon...
03/09/2026
September is here with 26 more games streaming on GeForce NOW this month, led by a slam dunk: NBA 2K27 with the NVIDIA DLSS 5 3D-Guided Neural Rendering feature...
02/09/2026
Professional and collegiate clubs, leading vendors discuss current trends in stadium production
On. Aug. 12, the 2026 SVG Venues & Teams Summit explored the ev...
02/09/2026
SoFi Stadium, YouTube Theater, and Hollywood Park have completed an infrastructure upgrade expanding game presentation and broadcast production capabilities acr...
02/09/2026
Comcast Technology Solutions (CTS) has announced a suite of AI-powered workflow applications for broadcasters, content owners, and operators, built on its Video...
02/09/2026
The North American Broadcasters Association (NABA) and the Association of Professional Wireless Production Technologies (APWPT) have announced a partnership to ...
02/09/2026
Carolina Hurricanes, Anaheim Ducks, Columbus Blue Jackets, Dallas Stars, Minneso...
02/09/2026
New LED provides enhanced quality control, quicker show prep, detailed productio...
02/09/2026
Combines the Phat Drive with high-voltage valve circuit
The latest pedal from Keeley Electronics combines their popular Phat Mode drive pedal with an all-ne...
02/09/2026
Free version of virtual mixing room plug-in introduced
Lewitt's Space Replicator plug-in provides users with a virtual monitoring environment that aims ...
02/09/2026
Two new mixing & mastering plug-ins revealed
AIR Music Tech have just introduced the Stereophonic Bundle, a pair of processing plug-ins designed to provide ...
02/09/2026
Rohde & Schwarz has achieved initial verification of 3GPP Rel. 17 power-saving f...
02/09/2026
Bilbao - 3rd September 2026 -AgileTV, a leading provider of end-to-end TV and vi...
02/09/2026
Why agentic media supply chains need experience design built around visibility, reversibility and human authority
When AI can generate a functional interface ...
02/09/2026
Six-country survey finds 26% of sports fans frequently unable to determine where...
02/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/09/2026
KOKKEDAL, DENMARK, SEPTEMBER 1, 2026 DPA Microphones announces its new 6388 CORE Headset Microphone, a high-performance directional headset designed for dema...
02/09/2026
Pliant Technologies will highlight its CrewCom CXD 32CF 32x32 Dante /AES67 Digital Audio Network Interface, a powerful connectivity solution designed to expand ...
02/09/2026
iWedia, a leading provider of software solutions for connected TV devices, today announced two enhancements to Teatro Pulse, its end-to-end TV service operation...
02/09/2026
Signiant, trusted by the media industry for accelerated content movement for more than 20 years, will showcase the latest evolution of the Signiant Platform at ...
02/09/2026
With a contractual agreement to supply a leading UK sports broadcaster with outside broadcast services for 104 football matches per season over the next four ye...
02/09/2026
IBC2026 will put sport firmly at the centre of the global media and entertainment technology conversation with the strongest sports showing in the event's h...
02/09/2026
PTZOptics will bring a hands-on showcase of intelligent video production to IBC2026 (11-14 September, RAI Amsterdam), with demonstrations spanning new camera te...
02/09/2026
OOONA, a global provider of professional management and production tools for the media localization industry, today announced the launch of OOONA Go, a ready-to...
02/09/2026
EON Media will make its European debut at IBC2026 (September 11-14, RAI Amsterdam) in the show's Future Tech Zone (Hall 14.FT5). The company is launching it...
02/09/2026
Frequency, the engine behind many of the worlds leading streaming television channels, will demonstrate at IBC2026 how integrating intelligence throughout chann...