MultiChoice must negotiate a commercial agreement with the SABC to carry the public broadcaster’s channels on DStv, communications regulator Icasa has decided.
other satellite broadcasters must negotiate commercial agreements with the SABC to carry the public broadcaster’s channels on their platforms, communications regulator Icasa has decided.
In most countries, the public broadcaster pays the subscription broadcaster a fee for carrying its channels The SABC said changes to the regulations were necessary, at the very least, because the Electronic Communications Act required Icasa to “protect the integrity and viability of public broadcasting services”.
Icasa explained in a reasons document published with the amended regulations that it made this change because it believes that “payment, if any, regarding the transmission of must-carry channels must be negotiated” between the parties. “The authority’s decision is that it does not have a mandate to dictate costs related to must carry as the negotiable terms are of a commercial nature,” it said.
In the reasons document, Icasa also said that should there be a contractual deadlock between the parties during the negotiation, the 2008 must-carry obligations must continue “so as not to negatively impact consumers” — a clause that could allow MultiChoice to continue broadcasting the SABC channels in the event of a breakdown in the commercial negotiations.
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