Communications responds to media reports on Broadcasting Digital Migration Policy
21 Jun 2016
Ministry of Communications’ response to inaccurate media reports about Broadcasting Digital Migration Policy
The Ministry of Communications is very concerned about the misinformation and innuendos peddled in the media, some of which are unfortunately attributed to Dr Blade Nzimande, a member of Cabinet.
To either expressly or by implication allege that Minister Muthambi has gone against the ANC policy on Digital Migration Amendments is patently untrue. Furthermore it is disingenuous and a veiled attack on the integrity of Minister Muthambi to seek to suggest that the Minister may have been successfully lobbied by any group of interested parties.
The truth of the matter is that the Minister of Communications has been defending a Broadcasting Digital Migration Policy and amendments which were approved by the Cabinet.
I refer to paragraph 2.1 of the Statement on Cabinet Meeting, 4 March 2015, “Cabinet approved the Broadcasting Digital Migration Amendment Policy with the inclusion of the control system in the Set Top Box (STB), which will be clearly defined when the policy is published.”
The government position as regards “encryption “is that there be a control system to prevent the sale of government subsidised STBs outside of the borders of South Africa and such a control system has been put in place. It is not the position of government to subsidise commercial players, by putting in place encryption for conditional access which is a Pay TV technology. Government and the Policy has been very clear that if parties want to do this then it is at their own cost.
It is unfortunate that the two types of encryption have been conveniently confused and conflated to undermine the Cabinet position and isolate Minister Muthambi.
Contrary to popular belief that the whole policy has been struck down by the Supreme Court of Appeals in fact the Supreme Court of Appeals has only repealed a single clause in the BDM Policy, clause 5.1.2(B) (a) which states thus
5.1.2(B) the STB control system for the free-to-air DTT STB shall-
(a) not have capabilities to encrypt broadcast signals for the subsidized STB; and thus the SCA has left the core principles of government policy in place. Furthermore the judgement did not order the halting of the rollout of Set Top Boxes and thus the work of government will continue undeterred.
Reference is made to Clause 5.1.2(C) that has not been repealed which states thus, “Depending on the kind of broadcasting services broadcasters may want to provide to their customers, individual broadcasters may at their own cost make decision regarding encryption of content.” (Emphasis added). Encryption is not required for free-to-air broadcasting or free-to-air DTT Set-top Boxes, it is a Pay TV technology. Free-to-air broadcasters globally broadcast high definition content without encrypting the broadcast signal.
The only requirement by rights holders is that the set top box make provision to prevent copying of HD content. The compulsory standard for free-to-air digital terrestrial television set top boxes (SANS 862) does provide for High-Bandwidth Digital Content Protection (HDCP) to satisfy this requirement of high definition content rights holders.
The Broadcasting Digital Migration Policy has never been a secret document, it has always been available as a public document until it was finally approved by Cabinet on 4 March 2015.
It is not clear why Minister Nzimande has singled out MultiChoice lobbying on this issue, as etv has also been lobbying just as hard as have manufacturers and other entities in civil society.
In making a policy decision the Minister considers all submissions that are made and then in concurrence with Cabinet determines what is in the public interest.
It is quite unfortunate that expedient agendas undermine not only the intentions of the Judiciary but also those of Cabinet.
Statement issued by Minister of Communications, Faith Muthambi, 21 June 2016
