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 ...

01/06/2026

Dolby Sets the New Standard for Premium Entertainment at CES 2026

January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026 Throughout the week, Dolby brings to life the latest innovatio...

02/05/2026

Dalet Flex LTS Delivers Smarter Search, Faster Editing, and an AI-Ready Foundation for Modern Media

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

01/05/2026

NBCUniversal's Peacock to Be First Streamer to Integrate Dolby's Full Suite of Premium Picture and Sound Innovations

January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...

01/04/2026

DOLBY AND DOUYIN EMPOWER THE NEXT GENERATON OF CREATORS WITH DOLBY VISION

January 4 2026, 18:00 (PST) DOLBY AND DOUYIN EMPOWER THE NEXT GENERATON OF CREATORS WITH DOLBY VISION Douyin Users Can Now Create And Share Videos With Stun...

19/03/2026

Leader appoints Rob Stanley as Regional Sales Manager UK...

Test & measurement innovator, Leader Electronics of Europe, is pleased to announce the appointment of Rob Stanley as Regional Sales Manager - UK & Northern Euro...

19/03/2026

Accedo One and Magine Pro Officially Launch Leyra Deliver...

The recently announced joint venture between Accedo One and Magine Pro has been officially launched as Leyra. The new company will combine the two complementary...

19/03/2026

Lightware matrices are the go-to choice for signal manage...

Budapest, Hungary, March 2026 - Demand for traditional matrix switching remains strong across live events, rental and staging markets. With a reputation for rel...

19/03/2026

DPA Elevates 4097 Micro Shotgun With CORE Technology

DPA Microphones adds to its CORE microphone selection with the 4097 CORE Micro Shotgun, which delivers a new level of clarity, headroom and sonic transparency...

19/03/2026

Starfish highlights flexible TS Splicer releases and new...

Starfish Technologies will present the latest releases of its TS Splicer (Win) and TS Splicer (K8) at NAB Show 2026, together with a new Monitoring Dashboard de...

19/03/2026

TrueVisions Selects Bitmovin Observability

Bitmovin, a leading provider of video streaming solutions, has announced that TrueVisions NOW, a leading streaming platform in Thailand, and part of the TrueVis...

19/03/2026

Harmonic Enhances XOS Advanced Media Processor to Streaml...

Harmonic (NASDAQ: HLIT) today announced significant enhancements to its XOS Advanced Media Processor that lower the cost of broadcast distribution while enablin...

19/03/2026

Cobalt Digital to Unveil Additions to End to End IPMX and...

Cobalt Digital, the leading designer and manufacturer of award-winning signal processing products, and a founding partner in the openGear initiative has announ...

19/03/2026

Magewell Connecting Any Source Anywhere in Any Form Facto...

Magewell a developer of innovative, high-performance video I/O and IP workflow solutions will be at the 2026 NAB Show on booth C6113. In addition to several...

19/03/2026

Triveni Digital Expands NextGen TV Innovations and Suppor...

Triveni Digital, a trusted leader in ATSC 1.0 and ATSC 3.0 service delivery, data broadcasting and quality assurance solutions, today announced it will showcase...

19/03/2026

Imagine Communications to Showcase Purpose Led Innovation...

2026 NAB Show Exhibitor Preview April 19 22 Las Vegas Booth N.1328 Summary: At the 2026 NAB Show in Las Vegas, Imagine Communications will showcase the lat...

19/03/2026

Pebble demonstrates partnerships performance and future-r...

Broadcast playout leader highlights innovation and industry collaboration Pebble, the leading automation, content management and integrated channel specialist...

19/03/2026

Tuxera showcases stunning performance with Fusion SMB and...

Tuxera, a leading provider of quality-assured file systems and networking technologies, is highlighting remarkable advances in performance at NAB Show (booth N1...

19/03/2026

Intinor introduces enhanced SRT monitoring, HDR transport...

Intinor will showcase several new developments to the Direkt platform at NAB 2026, including enhanced SRT monitoring, expanded HDR transport capabilities and su...

19/03/2026

Caretta Research Finds Broadcasters Rebuild Live Operatio...

Broadcasters are rebuilding live operations workflows around IP delivery as satellite and dedicated fibre distribution decline, according to new research from C...

19/03/2026

Berklee Popular Music Institute's 24th Showcase Channels '80s Prom Nostalgia

Berklee Popular Music Institute's 24th Showcase Channels '80s Prom Nosta...

19/03/2026

Study: Creator Content Plays Growing Role in Streaming Habits

Share Copy link Facebook X Linkedin Bluesky Email...

19/03/2026

NAB Show: Studio Technologies to Debut New StudioComm System

Share Copy link Facebook X Linkedin Bluesky Email...

19/03/2026

Ateme Verified for YouTube Live

Share Copy link Facebook X Linkedin Bluesky Email...

19/03/2026

Roku Launches NCAA March Madness Zone

Share Copy link Facebook X Linkedin Bluesky Email...

19/03/2026

Harmonic Makes NextGen TV Upgrades to XOS Media Processor

Share Copy link Facebook X Linkedin Bluesky Email...

19/03/2026

FCC Removes More Drones from Covered List of Banned Products

Share Copy link Facebook X Linkedin Bluesky Email...

19/03/2026

How Chris Bolte Builds the Sound of PlayStation Games

How Chris Bolte Builds the Sound of PlayStation Games Chris Bolte '16 is a technical sound designer at Sucker Punch Productions, where he helps create the...

19/03/2026

Foo Fighters' Other Voices performance to air on RT this Easter Monday

Other Voices presents a legendary night of music as Foo Fighters bring their stadium anthems to St James' Church, An Daingean. The surprise performance teas...

19/03/2026

RTS Ireland Awards / Gradaim RTS 2026 Shortlist Announced

***Issued by RT on behalf of RTS Ireland Awards / Gradaim RTS 2026...

19/03/2026

Smooth Moves: 90 Frames-Per-Second Virtual Reality Arrives on GeForce NOW

It's a double feature on GFN Thursday. This week, GeForce NOW offers smoother sights in virtual reality (VR) and a sprawling new land to conquer. Streaming...

18/03/2026

Net Insight Names Larissa GrnerMeeus CPO

Newly named chief product officer (CPO), Larissa G rner Meeus will return to Net Insight on May 4. Larissa G rner Meeus will become CPO of Net Insight on May 4...

18/03/2026

SVG Europe's The Football Summit 2026: Select Sessions Now Available to Watch on SVG PLAY

SVG Europe's The Football Summit 2026 explored how the sports broadcasting i...

18/03/2026

SVG's SportsTech@NABShow Blog Goes Live as Countdown to Vegas Heats Up

The 2026 NAB Show kicks off one month from today and SVG is once again set to cover the show from every angle. SVG's SportsTech@NAB Show Blog is now live - ...

18/03/2026

The Premiere of Dead Lover Showcases Grave Robbing and Sex With a Giant Finger

(L-R) The cast and crew of Dead Lover at The Ray Theater for its premiere at the 2025 Sundance Film Festival. (Photo by Robin Marshall/Shutterstock for Sundan...

18/03/2026

Music Row Piano from Wiltone Productions

Yamaha C7 captured in Nashville Wiltone Productions have announced the release of Music Row Piano, a deeply sampled Yamaha C7 piano library that's been ...

18/03/2026

Techivation introduce T-Warmer Mk2

Bass-enhancement plug-in upgraded Along with a steady stream of new releases, Techivation have recently been revisiting some of the older plug-ins in their ...

18/03/2026

Tonal Balance Control 3 from iZotope

Mix-reference plug-in overhauled iZotope's powerful mix-referencing plug-in has just reached its third major version, and now boasts a new capture proce...

18/03/2026

Toontrack Transistor Organ EKX

Latest EZKeys 2 expansion arrives Toontrack's staggering collection of EZKeys 2 expansions has grown once again, and the latest instalment delivers a on...

18/03/2026

Jess Ho explores the politics of food in new SBS Audio podcast For The Culture

Jess Ho explores the politics of food in new SBS Audio podcast For The Culture 18 March, 2026 Media releases New SBS Audio podcast For The Culture, hosted ...

18/03/2026

Future-ready broadcasts with ATSC 3.0 and enhanced services from Rohde & Schwarz at NAB 2026

Future-ready broadcasts with ATSC 3.0 and enhanced services from Rohde & Schwarz...

18/03/2026

LCTWS 2026

London Calling - When The Industry Convened to Help Streaming Find its MoJo In this blog, Laura Rognoni reflects on key discussions from the Connected TV World...

18/03/2026

SMPTE Unveils 2026 NAB Show Educational Presentations

SMPTE Unveils 2026 NAB Show Educational Presentations Brie Clayton March 18, 2026 0 Comments SMPTE , the home of media professionals, technologists, a...

18/03/2026

Auditel Ad Campaign Shot on Blackmagic PYXIS 12K

Auditel Ad Campaign Shot on Blackmagic PYXIS 12K Brie Clayton March 18, 2026 0 Comments LED wall virtual production blends 12K open gate acquisition w...

18/03/2026

Brainstorm transforms productivity and sustainability with Suite 7 at NAB Show 2026

Brainstorm transforms productivity and sustainability with Suite 7 at NAB Show 2...

18/03/2026

Neutrik To Showcase opticalCON ADVANCED Connectors At 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

18/03/2026

SMPTE Details 2026 NAB Show Educational Sessions

Share Copy link Facebook X Linkedin Bluesky Email...

18/03/2026

Ben Bradshaw Joins PSSI as Director, Product and Network Development

Share Copy link Facebook X Linkedin Bluesky Email...

18/03/2026

Peter Thordarson Joins ASG as Technical Account Executive

Share Copy link Facebook X Linkedin Bluesky Email...

18/03/2026

Survey: Voters Trust TV News Over AI, Social and Search

Share Copy link Facebook X Linkedin Bluesky Email...