Kenya: Media houses launch fresh legal battle to delay digital broadcast migration

A legal battle is looming between media houses and pay-television providers over the proposed migration to digital television broadcasting.

The largest media houses have filed an urgent petition challenging a decision of the Ministry of Information, Communication and Technology and the Communication Commission of Kenya to give the pay channels exclusive rights to oversee the migration.

The Nation Media Group, Standard Media Group and Royal Media Services claim that they were discriminated against by being locked out despite their television channels commanding the largest market share in Kenya.

Through lawyer Issa Mansur, the organisations have sought to stop the shift, which is scheduled to begin on December 13, on grounds that it will adversely affect majority of viewers.

“If the switchover date is not extended, over 90 per cent of citizens will not be able to receive television broadcasts on their sets since the government has up to date not instituted proper and adequate measures to ensure availability of universal top boxes for receiving digital transmission,” said Mansur.  

INTERCEPTING PROGRAMMES

They are seeking to stop the ministry and the CCK from switching off their broadcasts and to stop the pay television providers from intercepting and distributing their programmes.

The news organisations have submitted that they have collectively invested over Sh40 billion in their businesses, attracting over 85 per cent of television viewership. Should the digital migration be effected, they would be at risk of shutting down their television stations which could cause loss of jobs to many Kenyans, they argued.

They accused the CCK of breaching their intellectual property rights by authorising Signet Kenya, Star Times Media, Pan Africa Network Group and GoTv Kenya to intercept and transmit their programmes without their consent.

Mr Mansur argued that the media houses were unlawfully and discriminately left out and implementing the move without their involvement would be unconstitutional.

“There is no rational or lawful explanation why the existing broadcasters have not been licensed to be digital signal distributors despite a government task force recommendation. Their substantial investment will go to waste if they are not allowed to be providers as well,” said Mansur.

He claimed that Signet and Star Times had distributed only 170,000 set top boxes, majority of which were for pay television, while television sets were more than eight million.

Lady Justice Mumbi Ngugi certified the petition as urgent and directed the lawyer to serve the respondents with the suit. Further directions will be issued on November 26.

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