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...

11/03/2026

Calrec To Unlock Hybrid Workflows At 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

11/03/2026

Matrox Video Enables the Next Era of Software-Defined Med...

Matrox Video will showcase its vision for the future of live production at NAB 2026 in Las Vegas, April 19-22, highlighting how broadcasters and media organizat...

11/03/2026

GlobalM Showcases Distributed Video Gateway Architecture...

Geneva-based technology company, GlobalM SA, is presenting its GMX Distributed Video Gateway, a software-defined IP media transport platform designed to replace...

11/03/2026

Video is King - 2026 Iconik Media Stats Report Finds Vide...

Backlight (booth #N2829), the company behind Iconik and Wildmoka, which power video workflows for large media and entertainment organizations, has released the ...

11/03/2026

QuickLinks Latest StudioEdge Models to Make North America...

QuickLink, a leading provider of award-winning video production and remote guest contribution solutions, presents its latest StudioEdge models at The NAB Show ...

11/03/2026

Telestream Expands Its Cloud Services with the Introducti...

Telestream, a global leader in media workflow technologies, today announced the expansion of Telestream Cloud Services with the introduction of UP, a new cloud-...

11/03/2026

Operative Launches AOS Configuration for Digital-First Mo...

Operative, the preferred advertising management provider for the world's leading media brands, today announced the launch of AOS for digital media, an AI-po...

11/03/2026

Calrec Redefines Broadcast Workflows at NAB 2026

Calrec will be located in Central Hall, on Booth C6907 Choice without compromise The broadcast industry is going through a rapid evolution that s signalling a...

11/03/2026

Worldstream and Cubbit launch sovereign S3 cloud storage...

The new service is hosted and operated entirely in the Netherlands, combining data sovereignty, resilience, scalability, and predictable costs without relying...

11/03/2026

Ease Live powers interactive Premier Padel experiences on...

Ease Live, an Evertz company and leader in interactive graphical overlays, today announced the successful deployment of its platform on Red Bull TV for Premier ...

11/03/2026

Mediagenix Title Management Accelerates Content Monetizat...

Mediagenix, a global leader in smart content solutions to profitably connect the right content to the right audience, is advancing its Semantic Intelligence cap...

11/03/2026

Emergent Launches Fusion- The Interactive Anything Platfo...

Emergent, a leading provider of AI-enhanced media production solutions, today announced the official launch of Fusion, a powerful, no-code application builder d...

11/03/2026

Techex Names Matt McKee as Senior Director of Sales, Americas

Share Copy link Facebook X Linkedin Bluesky Email...

11/03/2026

IAB Tech Lab Announces Content Monetization Protocol for AI LLMs

Share Copy link Facebook X Linkedin Bluesky Email...

11/03/2026

Mondae Hott Joins Kokusai Denki as Northeast Sales Manager

Share Copy link Facebook X Linkedin Bluesky Email...

11/03/2026

Gray Media to Air Cincinnati Reds' Games on WXIX FOX19

Share Copy link Facebook X Linkedin Bluesky Email...

11/03/2026

Shure Audio Solutions Deliver Super Bowl Win

Share Copy link Facebook X Linkedin Bluesky Email...

11/03/2026

UK's First Live Broadcast Using New n40 Private 5G Spectrum

Share Copy link Facebook X Linkedin Bluesky Email...

11/03/2026

Utah Scientific Expands Technology Partner Program With I...

Utah Scientific today announced the expansion of its Technology Partner Program with the addition of Audinate, Bitfocus, and Skaarhoj, three industry leaders wh...

11/03/2026

DigitalGlue Ends the Post Production Tax creativespace In...

DigitalGlue, creator of the creative.space on-premise managed storage platform, today revealed plans to launch creative.space Intelligence (CSI) at NAB 2026 (Bo...

11/03/2026

Maxon and Tencent Cloud Partner to Integrate HY 3D into C...

Maxon, maker of powerful, approachable software solutions for creators working in 2D and 3D design, motion graphics, visual effects, gaming, and more, has annou...

11/03/2026

NUGEN Audio Halo Vision Plug In Serves as Spatial Compass...

Composer and Re-recording Mixer Michael Phillips Keeley has built his career around immersive storytelling. Working from his Dolby Atmos-equipped studio, Sound ...

11/03/2026

YES selects Synamedia Iris to power advanced advertising

Leading video software provider Synamedia today announced that YES, the pay-TV subsidiary of the telco Bezeq (TASE: BEZQ), has selected Synamedia Iris to delive...

11/03/2026

Cost Savings Scalability and Smarter Monetization Viacces...

As media companies face increasing cost pressures and operational complexity, at the 2026 NAB Show in Las Vegas, Viaccess-Orca (VO), a global leader in OTT / TV...

11/03/2026

Digital Alert Systems Unveils Version 6 Software for DASD...

Digital Alert Systems, a global leader in emergency communications solutions for media providers, today announced the release of Version 6 software for its DASD...

11/03/2026

SES Brings Satellite Connectivity to Refugees in Chad

First Medium-Earth Orbit (MEO) deployment of the emergency.lu platform for refugees and their host communities' use provides dependable broadband for humani...

11/03/2026

Foundry releases Nuke 17.0

Foundry releases Nuke 17.0 Brie Clayton March 1, 2026 0 Comments Native Gaussian Splat support, new 3D system based on USD, expanded machine learning ca...

11/03/2026

Preserving UNESCO World Heritage with URSA Cine Immersive

Preserving UNESCO World Heritage with URSA Cine Immersive Brie Clayton March 1, 2026 0 Comments The Explorers turned to France's cultural landmark...

11/03/2026

I Clicked This By Accident And It Made After Effects SO Much Faster

I Clicked This By Accident And It Made After Effects SO Much Faster Graham Quince March 1, 2026 0 Comments Discover how Region of Interest in Adobe A...

11/03/2026

Cine Gear Connect Brings a Focused All-Day Experience to Industry City, NY

Cine Gear Connect Brings a Focused All-Day Experience to Industry City, NY Brie Clayton March 4, 2026 0 Comments Registration is now open for Cine Gea...

11/03/2026

La Vorgine Edited and Finished with DaVinci Resolve Studio

La Vor gine Edited and Finished with DaVinci Resolve Studio Brie Clayton March 4, 2026 0 Comments One of Colombia's most ambitious projects goes g...

11/03/2026

SoundMarket Launches 18,000+ Tracks of Real Music by Award-Winning Composers for Editors and Post Professionals

SoundMarket Launches 18,000 Tracks of Real Music by Award-Winning Composers for...

11/03/2026

Capta Center Supports NOVO19 Remote Production with Blackmagic Design

Capta Center Supports NOVO19 Remote Production with Blackmagic Design Brie Clayton March 5, 2026 0 Comments The facility provides production and playo...

11/03/2026

DigitalGlue Ends the Post-Production Tax: creative.space Intelligence (CSI) Unifies On-Premise Storage with Forensic AI at NAB 2026

DigitalGlue Ends the Post-Production Tax: creative.space Intelligence (CSI) Unif...

11/03/2026

Kochi Sun Sun Uses Blackmagic Replay for High School Volleyball Finals

Kochi Sun Sun Uses Blackmagic Replay for High School Volleyball Finals Brie Clayton March 9, 2026 0 Comments Versatile Blackmagic Replay system proves...

11/03/2026

Richard Bona Joins Berklee for Signature Series Concert

Richard Bona Joins Berklee for Signature Series Concert The Grammy-winning Cameroonian bassist and vocalist collaborates with students and faculty in a progra...

11/03/2026

New NVIDIA Nemotron 3 Super Delivers 5x Higher Throughput for Agentic AI

Launched today, NVIDIA Nemotron 3 Super is a 120 billion parameter open model with 12 billion active parameters designed to run complex agentic AI systems at sc...

11/03/2026

March 10, 2026

Scripps Research scientists awarded nearly $5 million by NIH to investigate cancer growth Researchers will investigate how a common dietary nutrient may control...

11/03/2026

The 2026 RT Short Story Competition is now open for entries

TELL US YOUR (SHORT) STORIES The 2026 RT Short Story Competition is now open for entries Recognising and rewarding the best new Irish fiction writing for...

11/03/2026

Celtic Media Festival 2026 Nominees Announced

RT 's The Traitors Ireland is among the nominees for the 2026 Celtic Media Festival Torc Awards for Excellence, announced today....

10/03/2026

Harvey Arnold, Bert Goldman to Be Honored at the 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

10/03/2026

Senators Urge FCC to Preserve Citizens Broadband Radio Service

Share Copy link Facebook X Linkedin Bluesky Email...

10/03/2026

SCTE TechExpo26 Issues Call for Content, Technical Papers

Share Copy link Facebook X Linkedin Bluesky Email...

10/03/2026

Zefr Receives MRC Accreditation

Share Copy link Facebook X Linkedin Bluesky Email...

10/03/2026

Study: Overloaded Sports Fans Fed Up with Fragmented Viewing Options

Share Copy link Facebook X Linkedin Bluesky Email...