
--
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 ...
03/04/2026
Michigan's Fab Five will reunite for an alternate presentation of the Mich...
03/04/2026
Avid will exhibit at NAB Show 2026 (April 18-22, Booth N2226, Las Vegas Convention Center), demonstrating its Content Core platform and new AI-driven workflow c...
03/04/2026
Mark Roberts Motion Control (MRMC) has announced the appointment of Nick Barthee as Chief Operating Officer.
The announcement follows MRMC's transition fro...
03/04/2026
Interra Systems has announced that Elite Media Technologies has selected its BATON file-based QC solution for media workflows. Elite Media Technologies speciali...
03/04/2026
Ateme has announced that Moldtelecom has deployed Ateme technologies across its streaming workflow, covering encoding, delivery, operations, and analytics.
Mol...
03/04/2026
Grass Valley will demonstrate Framelight X, its content management platform, at NAB Show 2026. The platform connects capture, ingest, editing, and publishing in...
03/04/2026
Encompass Digital Media and Techex have announced a cloud-native Master Control ...
03/04/2026
Live Vertical Video automatically track the action on the court via AI technology and delivers a fully optimized, 9 16 live feed for viewers...
03/04/2026
As the Illini make their first trip to college basketball's biggest stage si...
03/04/2026
After last summer's Softball National Championship victory and last week'...
03/04/2026
The University of Arizona's Men's Basketball team has only loss twice th...
03/04/2026
Eight games across four tournaments will be played in three venues; accommodatio...
03/04/2026
The Ottawa Senators and Bell Media have announced a long-term rights extension for regional Ottawa Senators games on TSN and RDS. TSN Radio 1200 remains the exc...
03/04/2026
Massive production in Phoenix running out of Flagship Mobile unit, Features 50+ ...
03/04/2026
Iconic guitar pedals now available in plug-in form
Guitar effects experts Electro-Harmonix have teamed up with MixWave to turn a collection of their most pr...
03/04/2026
New multi-band AUv3 plug-in announced
Fred Anton Corvest (FAC) offer an extensive range of AUv3 plug-ins and iOS/iPadOS Apps, and their multiband effects pr...
03/04/2026
Just 84 units to be released in the US
Experimental synthesizer and sound-machine extraordinaires SOMA Laboratory have revealed an upcoming special-edition ...
03/04/2026
Emulates the input section of an Ampex 350
One of the latest arrivals to the Iconic Instruments range delivers a new tube preamp plug-in inspired by the cir...
03/04/2026
New York April 2, 2026 TelevisaUnivision, the world's leading Spanish-la...
03/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/04/2026
CVP, one of Europe's leading suppliers of professional video and broadcast solutions, today announces the launch of its new German operation and the formati...
03/04/2026
Mark Roberts Motion Control (MRMC) today announces the appointment of Nick Barthee as Chief Operating Officer, strengthening its leadership as the company conti...
03/04/2026
Net Insight introduces programmable Trust Boundaries that make live media interconnection predictable as traffic moves between facilities, networks and cloud en...
03/04/2026
Winning in the new media economy: Avid showcases AI-powered, connected intellige...
03/04/2026
NUGEN Audio CEO Dr. Paul Tapper to Lead Presentation About Dialog Intelligibilit...
03/04/2026
NAB Show 2026: PlayBox Neo Highlights Workflow, Security, and IP Advances
Brie Clayton April 2, 2026
0 Comments
PlayBox Neo will showcase the latest i...
03/04/2026
For Taku Hirano, Everything Is Connected From touring and composition to teaching and instrument design, the in-demand percussionist sees it all as one body o...
03/04/2026
Berklee Honors Humberto Ramirez with Master of Latin Music Award The alumnus and acclaimed trumpeter is honored for his influence as a performer, composer, an...
03/04/2026
VIZ Media Lands Rumiko Takahashi's MAO, Sets April 4 Premiere on Hulu in the...
03/04/2026
Back to All News
Competition Heats Up with Intrigue and Spices: Netflix Unveils...
03/04/2026
Back to All News
Radioactive Emergency Ranks #1 On Netflix's Global Top 10 ...
02/04/2026
HBO and NFL Films have announced Hard Knocks: Training Camp with the Seattle Sea...
02/04/2026
Haivision has announced the Makito ONE, a single-blade video encoding and decoding platform, at NAB Show 2026. The platform combines dual-channel video encoding...
02/04/2026
Telestream has introduced UP.Lens, a cloud-based multiviewer and monitoring serv...
02/04/2026
Mark Roberts Motion Control (MRMC) will exhibit at NAB Show 2026 (Booth C5220, April 19-22, Las Vegas Convention Center), marking the company's 60th anniver...
02/04/2026
Net Insight has introduced programmable Trust Boundaries, a feature integrated i...
02/04/2026
Bitmovin has announced support for SGAI (Server-Guided Ad Insertion) in its playback products, using HLS interstitials. SGAI combines elements of client-side an...
02/04/2026
Riedel Communications' SimplyLive RiMotion R12 replay system is supporting B...
02/04/2026
LTN, a managed IP video transport company, and Ateme, a video compression and de...
02/04/2026
Harmonic has announced that TDF, a broadcast infrastructure operator in France, has deployed Harmonic's XOS Advanced Media Processor and ProStream X Video S...
02/04/2026
Eluvio and the United Rugby Championship (URC) have announced first-year results...