
--
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...
07/08/2026
Berklee City Music Presents Nine Scholarships and Awards at Annual Concert Student recipients from seven states and Canada received scholarships, housing awar...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/08/2026
Riedel Communications at IBC2026: Live Production Experience Showcasing Integrated IP Production Workflows
At IBC2026, Riedel Communications will bring modern ...
07/08/2026
Shotoku Showcases Expanding Aura PTZ Ecosystem and Award-Winning Swoop Robotic Crane at IBC2026
Shotoku Broadcast Systems will officially introduce its Aura fa...
07/08/2026
Highlights will include new Dante fiber connectivity, expanded IPMX capabilities and award-winning signal processing solutions
Cobalt Digital, the leading des...
07/08/2026
Bob Moses Concert at Red Rocks Captured with URSA Cine 12K LF
Brie Clayton August 6, 2026
0 Comments
PYXIS 12K and URSA Cine 12K LF enable cinematic c...
07/08/2026
Use It or Else Is Not an AI Implementation Strategy
Andy Marken August 6, 2026
0 Comments
Source - Hitchhikers Guide to the Universe, Touchstone Pi...
07/08/2026
On 6 August, the European Commission and the SpaceRISE consortium concluded nego...
07/08/2026
The Traitors Ireland Uncloaked is also back with all the behind the scenes drama...
06/08/2026
The broadcaster's 14-race schedule begins in Iowa and ends in November with ...
06/08/2026
In-venue and creative video staffers at the professional and collegiate level ha...
06/08/2026
As media organizations consolidate teams, technology platforms, and content libr...
06/08/2026
Firmware updates introduce Dolby's next-generation picture engine, content-aware optimization, and new motion and ambient-light tools...
06/08/2026
TNT Sports will have wall-to-wall coverage of the upcoming FIBA Women's Bask...
06/08/2026
swXtch.io (Stand 5.MR13) has unveiled groundSwXtch for Audio over IP (AoIP), a software application that lets broadcasters and media organizations move audio in...
06/08/2026
At IBC2026, Riedel Communications (Stands: 10.A24, 10.A31, 10.A38) will bring modern media production to life with the Live Production Experience - a connected ...
06/08/2026
The first live-sports director to receive the prestigious honor, eight-time Emmy...
06/08/2026
NBC Sports will continue to present the Preakness Stakes on NBC and Peacock thro...
06/08/2026
Cobalt Digital (Stand 8.F90) continues to reinforce its commitment to delivering...
06/08/2026
Wave Central has promoted promotion Jeff Daubert to Director of Sales, Americas.
In his expanded role, Daubert will lead Wave Central's sales strategy and ...
06/08/2026
KMH Integration is expanding its ability to serve media, broadcast, and IT organizations by adding Keith Hanadel, an accomplished architect with decades of indu...
06/08/2026
Advanced Systems Group (ASG) has promoted Michele Ferreira from Vice President of its Systems Integration team to the newly created position of Chief Business O...
06/08/2026
Demonstrations will include new JPEG XS, Dolby audio, cloud-gateway, stream-processing, and distribution capabilities...
06/08/2026
The deal includes three premium mobile units, engineering personnel, existing br...
06/08/2026
Broadcast Management Group produced Amazon Prime's inaugural Obsessed Fest a...
06/08/2026
Exhibit will feature new variable-ND functionality, OLED viewfinders, remote-camera tools, and UHD production monitors...
06/08/2026
Compact full-frame E-mount lens targets sports, wildlife, and other long-range shooting applications...
06/08/2026
Live broadcast will honor Roger Federer and Mary Carillo on Aug. 29, with onsite...
06/08/2026
End-zone board receives higher-resolution LED technology and an updated Show Control system ahead of the 2026 football season...
06/08/2026
New 16- and 32-pad MIDI controllers now available
Fender have just announced that the two new performance-focused controllers that were unveiled at NAMM 202...
06/08/2026
Standalone version, performance improvements & more
Lewitt have just released a significant update for their speaker and room virtualisation software, intro...
06/08/2026
Combines celeste samples with synth engine
After launching earlier in 2026 with deFORM, ebbandflow have returned with their first sampled acoustic instrumen...
06/08/2026
SGL Carbon's consolidated sales in the first half of 2026 totaled 394.2 million, down 13.0% from the prior year (H1 2025: 453.2 million). On the one hand,...
06/08/2026
The BBC has announced casting for the forthcoming six-part series Hercule from Mammoth Screen and Agatha Christie Limited.
Joining Bluemel are Henry Ashton (A ...
06/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/08/2026
Proven offering builds on more than 20,000 live sporting events with greater automation, flexibility, and operational control
LTN , the industry leader in tran...
06/08/2026
Hornets Tech, a specialist in broadcast connectivity and IP video, is bringing a new range of encoders, decoders and an IPTV platform to IBC2026.
Broadcast in...
06/08/2026
Introducing Adobe for ChatGPT: Create, edit and get work done - all in ChatGPT
Deepti Pradeep August 6, 2026
0 Comments
The Adobe plugin in ChatGPT br...
06/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/08/2026
At IBC2026, MediaKind will make its first major appearance as a unified global powerhouse in video, showcasing one of the world's most comprehensive video i...
06/08/2026
Big Blue Marble (#5.A63) will demonstrate how its integrated technology and operational expertise help media companies scale premium services with less complexi...
06/08/2026
LA JOLLA, CA-Scripps Research has received more than $500,000 in first-year fund...