
--
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 ...
01/06/2026
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, a leading technology and service provider for media-rich organizations, t...
01/05/2026
January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...
01/04/2026
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...
26/03/2026
Wayne, N.J., March 26, 2026 Phantom High-Speed announces the latest product li...
25/03/2026
Live match directors Sarah Cheadle (Sky Sports), Rob Levi (TNT Sports), and Andrew Swift (BBC Sport) sit down with the Premier League's Rachel Nightingale t...
25/03/2026
The senior from Upstate New York is manning the mic while also interning for the athletic department's sports-information team
In the live-sports-video ind...
25/03/2026
Synamedia has announced ContentArmor Edge Watermarking, a server-side solution t...
25/03/2026
SES has announced meoSphere, a medium Earth orbit (MEO) satellite network targeted for operation by 2030. The first phase will pair SES-developed software-defin...
25/03/2026
TVU Networks is working with Reuters on a phased migration from satellite to a c...
25/03/2026
Nielsen has announced three senior appointments. Seth Ladetsky has been named Head of Global Sports. Trevor Fellows will lead Nielsen's advertiser and agenc...
25/03/2026
Anoki and Amagi have launched In-Scene Ads powered by Anoki ContextIQ across Amagi's portfolio of in-content ad formats for Free Ad-supported Streaming TV (...
25/03/2026
Arkona Technologies will announce a series of enhancements to its BLADE//runner platform at NAB 2026 (Booth C.1808). The updates focus on usability and workflow...
25/03/2026
Daktronics has installed two tower displays and a video wall in the Lexus Club at Petco Park in San Diego ahead of the 2026 season.
Continuing to improve the ...
25/03/2026
MultiDyne Video & Fiber Optic Systems is celebrating its 50th anniversary as NAB Show 2026 approaches. The company was founded in 1976 by Vincent Jachetta, an N...
25/03/2026
IPC, a provider of integrated communication solutions, will make its NAB 2026 de...
25/03/2026
Live production categories were led by NBC, FOX, and ESPN's NFL coverage...
25/03/2026
The Atlanta Braves and Spectrum have announced a multiyear distribution agreemen...
25/03/2026
(L-R) Charlie Tyrell and Daniel Roher attend The AI Doc: Or How I Became An Apocaloptimist Premiere during the 2026 Sundance Film Festival at The Ray Theatre ...
25/03/2026
Directed By, Spotify's documentary-style series that pulls back the curtain ...
25/03/2026
BTS is so back., This week, the global pop superstars took the stage at New York City's Pier 17 for their first U.S. performance in four years.
Part of Spo...
25/03/2026
How you listen can shape what you hear. That's the idea behind the new Spotify Listening Lounge, an acoustic space at our London headquarters purpose-built ...
25/03/2026
Tape effects taken to the extreme
The latest release from New York-based developer Iconic Instruments is said to accurately recreate the saturation and comp...
25/03/2026
Launched alongside new Vocal Phrases bundle
Sonuscore's latest release has been designed specifically for composers working on fantasy TV, film and game...
25/03/2026
Latest update now live
The latest version of Steinberg's post-production-focused DAW has just arrived, and comes packed with new dialogue editing, sound...
25/03/2026
Rohde & Schwarz joins FormFactor's MeasureOne partner program FormFactor and Rohde & Schwarz advance their partnership for on-wafer RF component character...
25/03/2026
L3Harris Technologies and RFTEQ Pty Ltd signed a memorandum of understanding to ...
25/03/2026
L3Harris delivers combat-ready Torpedo Tube Launch and Recovery system, which deploys and retrieves Iver4 900 autonomous underwater vehicles through submarine t...
25/03/2026
The company expands leadership team under Chief Revenue Officer Amilcar Perez
S...
25/03/2026
Winter Olympic Games Opening Ceremony features in top 10 programmes of the month...
25/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
25/03/2026
Providing wide view timing visibility across the entire production chain...
25/03/2026
Continuing development drives advances in security, availability, access and connectivity...
25/03/2026
Caudalie, the renowned French cosmetics brand, has unveiled a state-of-the-art 200-seat auditorium at its new headquarters in the historic Marais district of ce...
25/03/2026
Telestream, a global leader in media workflow technologies, today announced expanded integration with Adobe Premiere, Adobe Media Encoder (AME), and Frame.io, d...
25/03/2026
Marshall Electronics is expanding its lineup of high-performance POV cameras designed for broadcast, live production and professional AV applications with the d...
25/03/2026
OOONA, a global provider of professional management and production tools for the media localization industry, announced today that it has been awarded the TPN G...
25/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
25/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
25/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
25/03/2026
SipRadius, specialists in secure, low-latency media transport, will drive innovation and interoperability still further with the launch of the SipMX Alliance at...
25/03/2026
QuickLink, a leading provider of award-winning video production and remote contribution solutions, will showcase its award-winning StudioPro ecosystem at The 2...
25/03/2026
Alfalite, the only European manufacturer of LED screens, will once again be present at NAB Show, the leading global event for the broadcast, media and entertain...
25/03/2026
PC, a leading provider of integrated communication solutions, will make its NAB 2026 Show debut in Booth C 3341. The company will highlight the newly branded On...
25/03/2026
Open video transport network simplifies satellite transition with new partnerships and global reach as spectrum auction nears
LTN will demonstrate how its purp...
25/03/2026
Test & measurement innovator, Leader Electronics, will present the full range of Leader, PHABRIX and LeaderPhabrix T&M solutions at the NAB Show, which takes pl...
25/03/2026
MNC Software, a global leader in network management and operational support systems tailored to the broadcast and media industry, today announced the appointmen...
25/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
25/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...