Friday, February 7, 2025

South Africa's actors guild says country's president chooses American studios and streamers and neglects local artists, unpaid crews and ignores copyright reforms


by Thinus Ferreira

The South African Guild of Actors (SAGA) on Thursday slammed South African president Cyril Ramaphosa and said the country's president has chosen to be on the side of American studios, streamers and broadcasters while neglecting the plight of local South African artists, the alarming rise in unpaid crews, and ignored copyright reforms.

President Cyril Ramaphosa delivered his 2025 State of the Nation Address in South Africa on Thursday evening in parliament.

SAGA called out president Cyril Ramaphosa for what the organisation calls the neglect of South Africa's cultural and creative industries, unpaid crews and ignored copyright reforms, saying that the sector demands action.

"President Cyril Ramaphosa has never acknowledged the grievances of South Africa's cultural and creative industries," said SAGA.

"We have witnessed an alarming increase in incidents of non-payment of cast and technical crew, numerous reports of health and safety violations, criminal complaints of human trafficking, and deteriorating work conditions in an increasingly hostile production environment. But not a word from the president," the organisation noted.

"President Cyril Ramaphosa's stubborn defiance of the Constitutional Court order of September 2022 to amend parts of the Copyright Act of 1978 that violates the human rights of people with disabilities, is very revealing."

"In fact, South African creatives generally suspect that president Ramaphosa chose not to sign the Copyright Amendment Bill specifically to give assurance to American studios, streamers, and broadcasters that their commercial interests in South African film and TV productions remain subject to their monopolies."

SAGA said "The president has worked hard at ignoring our sector, and now that the final decision on the Copyright Amendment Bill sits with the Constitutional Court, actors who are desperate for the statutory right to earn royalties, are only too pleased that our fate lies with a competent authority and not with a bewildered, indifferent, and indecisive president."

Actor Nicky Rebelo noted that "American, British, French, Italian actors all receive residuals or royalties when the work that they have done is repeated or sold to other channels".

"But I never receive any residuals or royalties. I don't think that's right. I think it's time that we in South Africa were treated like other actors around the world."

SAB ordered to pull Brutal Fruit TV ad over showing and encouraging glass bottles and bringing and drinking alcohol on a beach


by Thinus Ferreira

South Africa's Advertising Regulatory Board (ARB) has ordered South African Breweries (SAB) to remove its "Be in the Moment" TV commercial for Brutal Fruit since it shows not just glass bottles which is prohibited on South African beaches but also depicts people bringing and drinking alcohol on a beach which are also illegal.

SAB aired its Brutal Fruit TV commercial on Warner Bros. Discovery's Discovery (DStv 121) channel on MultiChoice's DStv satellite pay-TV service.

The Brutal Fruit TV commercial was filmed by Giant Films with Emma Lundy and Cindy Gabriel as executive producers, with Joe Public as the agency.

According to the ARB, SAB's Brutal Fruit TV commercial depicts a glass bottle of Brutal Fruit on a colourful beach towel, as well as scenes and a setting in which a group of people are drinking Brutal Fruit

In response to a complaint from a DStv subscriber, SAB's Brutal Fruit told the ARB that the Brutal Fruit glass bottle depicted on the beach is closed and was only displayed "with the intention of showcasing the brand, and at no point did any of the people in the commercial consume the product on the beach".

Brutal Fruit said "it continues to encourage responsible disposal of bottles with appropriate guidance labelling to this effect appearing on packaging".

The ARB said it can't rule on the display of a Brutal Fruit glass bottle depicted on a beach, but said SAB and Brutal Fruit's argument "that the bottle is closed and alcohol is not begin consumed in the beach scenes is a little disingenuous".

"A hypothetical reasonable consumer watching the commercial as a whole and not pausing scene-by-scene as the directorate did, will view the commercial in its entirety, depicting friends enjoying Brutal Fruit together in various settings, and will not isolate the beach scenes, will not analyse each frame and conclude that alcohol is not consumed on the beach."

According to the ARB, it is "a stretch for the advertiser to assert that because the bottles are closed it is used to highlight the brand and does not encourage drinking on a beach".

The ARB in its ruling noted that Clause 3.3 of Section II states that advertisements must not contain anything which might lend support to criminal or illegal activities, nor should they appear to condone such activities.

"There is no doubt in the mind of the directorate that watched as a whole, the commercial condones and in fact encourages bringing alcohol to the beach and consuming it on the beach. This is illegal".

The ARB directorate found that SAB's Brutal Fruit TV commercial contravened Clause 3.3 of Section II of the Code and ordered SAB to remove the Brutal Fruit ad in its current format from wherever it appears.

Two-episode wedding on kykNET's Binnelanders as characters of Dr Jonker and Tracy tie the knot


by Thinus Ferreira

A two-episode TV wedding starts today with the characters of Dr Tertius Jonker, played by Reynardt Hugo and Tracy Smith, played by Melinda Viljoen, who will get married in this evening's episode of the Afrikaans soap Binnelanders on kykNET (DStv 144)

The wedding will be shown on Friday 7 February's episode at 19:30, with the wedding reception being shown on Monday 10 February on kykNET.

"The wedding dress is hanging in the closet, the wedding cake has been ordered - in short, everything's been organised," says Elsje Stark, Binnelanders producer about the TV wedding.

"The groom is even planning a special surprise for his bride. Now everyone has to hold thumbs that everything goes according to plan ..."

Binnelanders which is celebrating its 20th anniversary later this year as a TV soap is produced by Stark Films for kykNET and filmed at Stark Studios in Johannesburg.

South Africa's Encounters documentary film festival adds three Cape Town filmmakers to its board before 27th Encounters edition in June 2025


by Thinus Ferreira

The Encounters South African International Documentary Festival has added Premesh LaluOdette Geldenhuys and Shameela Seedat to its board.

The 2025 Encounters Film Festival is set to take place from 19 to 29 June in Cape Town and Johannesburg.

Premesh LaluOdette Geldenhuys and Shameela Seedat join the existing board members Moroba Nkawe, Tiny Mungwe and Toni Monty, with Mandisa Zitha, as Encounters director.

"We are delighted to welcome three upstanding South African filmmakers onto the Encounters board, each of whom brings a wealth of knowledge around issues in which the film festival engages, as well as experience within the making of films," says Mandisa Zitha, Encounters director.

"What is particularly useful to the festival is that the board now comprises members from Cape Town, Johannesburg and Durban – creating a broad net of influence across the country."

The new board members are author, filmmaker and academic Premesh Lalu, attorney and filmmaker Odette Geldenhuys and the human rights lawyer and filmmaker Shameela Seedat all from Cape Town.


They join existing board members film guarantor Moroba Nkawe from Johannesburg, filmmaker and arts administrator Tiny Mungwe from Durban, and film producer and entertainment law expert Toni Monty from Durban.

 

Premesh Lalu is a researcher and former director of the Centre for Humanities Research at the University of the Western Cape (UWC). He authored the book Undoing Apartheid (2022) and has had two films Looking for Ned and The Double Futures of Athlone featured at Encounters.

 

Odette Geldenhuys is a pro bono attorney and a multi-ward-winning documentary filmmaker (The Shore BreakHere Be Dragons). She serves on the boards of ProBono.Org and the Khayelitsha Youth and Community Trust.

 

Shameela Seedat is a human rights lawyer turned documentary filmmaker, known for Whispering Truth to Power and African Moot. She has produced for NGOs, published on law and social justice, and served as a Documentary Filmmakers' Association board member and international film juror.

 

Current members are: Moroba Nkawe who is the founder of Maru Film Services, specialising in risk management for the film industry. With more than 15 years of experience, she has worked across Africa as a producer and production executive and also serves on the board of the South African Film Academy.


Tiny Mungwe is a filmmaker and arts manager, founder of film and TV company CTRL ALT Shift, who until recently worked with STEPS, producing Generation Africa, a documentary series of 25 films across 16 African countries.


Toni Monty is a film industry leader with 20 years of experience, formerly leading the Durban Film Office and Durban FilmMart. She has supported more than 200 African projects through her work with the Mart, and continues her work at A.M. Afrika.


"This is a strong, film-minded board that understands the challenges of documentary filmmaking, and the important role that documentary films play in society," says Mandisa Zitha.


"Documentaries help drive societal awareness and change, especially in an era dominated by misinformation and fake news."


"Through in-depth research, compelling storytelling, and visual evidence, documentaries bring attention to pressing environmental, social and political issues that might otherwise be overlooked or misrepresented."


"In a time when trust in media is often questioned, documentary filmmakers serve as vital truth-tellers, shaping a more informed and conscientious society."

Thursday, February 6, 2025

TV CRITIC's NOTEBOOK. DStv needs to stop with the victim-gaming


by Thinus Ferreira

DStv deliberately exploits people who are too stupid to realise and understand what's being done to them, for the sake of television. Which is why the trash TV that's Big Brother Mzansi needs to stop.  

I want to highly recommend, dear reader, that you watch the two episodes of the documentary series Jerry Springer: Fights, Camera, Action on Netflix.

Listen carefully to what the producers say they deliberately did to the people who appeared on the American trash talk TV show - why it happened, how they shamelessly manipulated people, plied them with liquor to get them to "react" better on TV, the damage it caused to people's personal lives (that they didn't care about), and how the low-class, uninformed people were duped and were just an element to get ratings.

Now watch five minutes of MultiChoice and M-Net's Big Brother Mzansi: Umlilo on either DStv channel 198 where it runs 24/7 or a highlight programmes on M-Net's Mzansi Magic (DStv 161) channel.

Long before Netflix's fictional Squid Game started on the video streaming service with a story where contestants are sacrificed (seemingly through full consent and in which participation is voluntary) inside a game-world set-up where you play for big money or pay with your life, M-Net apparently decided that Big Brother in Nigeria and South Africa will no longer be about watching contestants, but sacrificing housemates. 

Here is how the "game" works: MultiChoice, M-Net's Mzansi Magic executives like Shirley Adonisi, along with Big Brother Mzansi's executive producer Natalie Bleksley and a team of Red Pepper Pictures producers put people in a camera-filled house where - season after season - things inevitably go wrong, they wash their own hands of any involvement, and shift the full responsibility for what happened to the TV victims, who are then removed. 

On to the next one.

MultiChoice, M-Net and Red Pepper Pictures - like Jerry Springer's "fight, fight, fight!" TV studio stage - are the ones who create, control and stage-manage the space. 

Ultimate responsibility for what happens - including to each housemate - falls on these Randburg executives and producers who create something - in this case unvarnished trash television - expressly for ratings, and also to gain new and hold existing DStv subscribers as account holders.

Sponsors like LottoStar and Unilever's Robertson Spices are seemingly fine with going along having their logos and brand names appear alongside unsavoury and cringe-worthy content. 

The calculation seems to be: It doesn't matter that my brand appears and is associated with TV trash since the downmarket content has viewers.

Two weeks ago ... controversy! Two Big Brother Mzansi housemates victim-shamed another contestant who revealed that she was sexually assaulted. 

But deconstruct it: To MultiChoice, M-Net and Red Pepper Pictures this is just content. It's TV. It's "perfect" Jerry Springer! In fact, it's M-Net that is "victim-gaming": Another TV participant conveniently mauled in the TV Colosseum.  

"No, it doesn't have anything to do with us, surely. We told them beforehand how they should behave," the people behind-the-camera say, who then offer up "punishment" to the offenders in prime-time on DStv as a made-for-TV, dramatic moment.

Last week ... scandal! The previous week's Big Brother Mzansi victim is now last week's offender. 

It's not scripted but a beautiful narrative for any producer of the Brooke-Stephanie Bold and the Beautiful story that must always evolve.

Last week's antagonist, like a "Part Two", groped a guy and touched others inappropriately. 

Again, none of this is MultiChoice, M-Net or Red Pepper Pictures' "fault" whose only participation was to put a group of random people into a house with cameras.

Now the person who was victim-shamed inside the Big Brother Mzansi: Umlilo two weeks ag, has been remade as a TV victim being shamed outside of the Big Brother Mzansi: Umlilo house a week later. 

Again, the makers of this voyeuristic junk displace any blame. 

"It's KayB! It's KayB who's to blame! It's KayB who's bad! It's KayB who is guilty of sexual assault according to section 16 of the Big Brother Mzansi producers' rulebook!"

What does the 23-year-old Bloemfontein student actually really grasp of the manipulative nature of producing tabloid television for a 24/7 audience on DStv?

And again on Wednesday last week: Another nicely-created prime-time eviction announcement, for the sake of ratings, complete with a gasp-inducing flourish from the victim-shamed, turned TV sexual assault offender, turned TV victim-gamed contestant.

Bye, bye KayB! Maybe in May when it's all over M-Net marketing will make you a new Mzansi Magic brand ambassador.

MultiChoice, M-Net and the Big Brother Mzansi: Umlilo producers are victim-gaming at the cost of real people's lives and it needs to stop. 

Similar to Jerry Springer guests and Moja Love's flood of tabloid content with little to no regard as to what happens to damaged people's lives in the wake of on-TV destruction, DStv is victim-gaming and sacrificing people on the altar of Trash TV for the pure sake of entertainment.

It's far over time for M-Net's Big Brother Mzansi and the victim-gaming to end.


MultiChoice to supply curated SuperSport Schools streaming channel to SABC+


by Thinus Ferreira

In a new deal between MultiChoice and South Africa's public broadcaster, curated content from SuperSport's SuperSport Schools will be funnelled to SABC+ as a SuperSport Schools streaming channel from 8 February.

Neither MultiChoice or SuperSport, nor the SABC is willing to say how much the public broadcaster is paying for carriage of the SuperSport Schools streaming channel.

The new SuperSport Schools streaming contract between SuperSport and the SABC is part of a concerted broader effort by specifically MultiChoice to improve and strengthen a commercial relationship with the public broadcaster, and through it to solidify the SABC's stance as an ally against eMedia's e.tv and its Openview satellite platform.

In future negotiations over - as well as deals for - the sublicensing of big-ticket sports content from SuperSport, it is important for MultiChoice and SuperSport that the SABC takes their side - or at the very least remain silent and neutral - if any three-way sublicensing carriage conflicts break out between MultiChoice, eMedia and the SABC like it did in 2024. 

The SuperSport Schools streaming channel on SABC+ will carry a selection of content from SuperSport Schools that filmed over 60 000 school matches in 2024 across a variety of sports disciplines.

The channel will showcase a diverse range of schools and youth sport, including football, netball, rugby, athletics, hockey and basketball.

SuperSport Schools has more than a million registered users with some of the content that has been available on it now getting a second window on SABC+.

Rendani Ramovha, SuperSport CEO, says "We want to encourage participation in sports at a grassroots level and reignite interest in sports across all schools in the country. Both SuperSport and the SABC share a common vision of providing young athletes with a platform to shine and inspiring future generations of sportsmen and women".

Nomsa Chabeli, SABC CEO, in a prepared quote, states "We are proud to be part of this life-changing partnership that extends beyond the fulfilment of the SABC’s mandate, by offering South Africans from all walks of life, a platform that nurtures young talent and provides unparalleled opportunities for personal and professional development".

"This partnership allows the SuperSport Schools channel to be accessible on the SABC+ streaming platform, enabling rising stars to gain recognition in the early stages of their lives, which will lead to more opportunities in the future.”

Thandolwethu Bakumeni, head of SuperSport Schools, says "We are thrilled that the SABC is joining us in the promotion of schools' sport".

"This partnership aligns perfectly with our mission to nurture young talent and make schools and youth sports a key part of South Africa’s cultural fabric.  After all, World Cups are won 10 years before they are played.”
 
Keletso Totlhanyo, head of SABC Sport, says "SABC Sport is dedicated to providing our viewers with the best local sports content, and this new venture with SuperSport Schools will allow us to bring even more exciting and inspirational content to South African homes".

The curated content on the SABC Schools streaming channel on SABC+ will focus on some of the popular and significant sports in South Africa, including football, netball, rugby, athletics, hockey, and basketball.

Amalanga Awafani telenovela from Stained Glass TV to fill SABC1's former Skeem Saam timeslot from April

by Thinus Ferreira

After filling the 18:30 weekday timeslot on SABC1 with repeats that caused a ratings drop since new first-run content wasn't available a year ago, the SABC now plans to start a new telenovela, Amalanga Awafani from April.

Amalanga Awafani, loosely translated as "the days are not the same", is produced for SABC1 by Stained Glass TV, the production company also responsible for Uzalo on SABC1 as well as series on both MultiChoice's Showmax and for Netflix South Africa.

The SABC provided no basic casting, crew, or episode order information.

In a logline the SABC describes Amalanga Awafani as "about choices and desires".

"If you suddenly came into some extra millions, what would you buy? A new car, luxury fashion, high-end appliances, or the best experiences money can afford?"

According to SABC1, Amalanga Awafani "promises to be a socially relevant offering that resonates with a wide demographic, spanning rural, peri-urban, and urban audiences. The drama will unveil talent, introduce new characters, and leave viewers intrigued and on the edge of their seats".

Wednesday, February 5, 2025

Kay Burley in shock-exit from Sky News after 36 years with abrupt sign-off


by Thinus Ferreira

Kay Burley is leaving Sky News (DStv 402) after 36 years and made her abrupt exit this morning at the end of this morning's edition of her show on the United Kingdom TV news channel, telling viewers it's her final show.

She told Sky News viewers this morning that "It’s been an honour and a privilege to work with some of the best and hardest working teams in the business news".

"After over a million minutes of live TV news, more than anyone else in the world, it's time for me to indulge in some of my other passions, including my love for travel."

Sky News staffers stood on the side of the studio and clapped.

Aftermore than three decades Kay has covered everything, including stalking out at the infamous Lindo Wing, interviewing everyone while waiting for the birth of Prince William and Katherine's baby George.


David Rhodes, Sky News chairman, followed with an email to Sky News staffers, saying: "Kay's legacy in television journalism is unmatched, as is her commitment to Sky's legacy".

"And I'm sure some MPs in Westminster will sleep easy knowing they won't face her indomitable questioning in the mornings. We thank Kay for her huge contribution to Sky, to the art of the interview and to British journalism. And we wish her the best of luck."

Kay Burley was one of the original Sky News presenters when the channel launched in 1989 and she has anchored across various day parts.


Tuesday, February 4, 2025

BREAKING. In its aggressive takeover bid Canal+ will carve and spin out MultiChoice's broadcast licence in South Africa and DStv subscibers as 'Licence Co' as MultiChoice Group keeps video assets


by Thinus Ferreira

To push its aggressive takeover of South Africa's MultiChoice Group through successfully and circumvent the country's regulations preventing a majority-owned share in local media, France's Canal+ will restructure MultiChoice and carve out its broadcasting licence and South African DStv subscribers into "Licence Co" as a new separate entity while the remainder contains its video assets as the MultiChoice Group.

Canal+ is progressing with its aggressive buyout of R32 billion for MultiChoice although various regulatory hurdles are supposed to prevent foreign ownership of a large South African media company like MultiChoice.

Canal+'s plan for a "post-transaction structure" for MultiChoice is to carve out MultiChoice's broadcasting licence in South Africa, overseen by the Independent Communications Authority of South Africa (Icasa) and MultiChoice South Africa's DStv subscribers in South Africa into a new company called Licence Co.

Canal+'s Licence Co will be a new entity, while the remainder of MultiChoice's video entertainment assets will then remain part of the MultiChoice Group.

The MultiChoice broadcast licence carve out is part of Canal+ plan to circumvent and get around South Africa's broadcast and ownership regulations. 

The dilemma Canal+ and MultiChoice have is that they can't legally get around a foreign entity owning a South African broadcast licence, in this case for traditional pay-TV. 

The plan is now for this "problem-part" preventing Canal+'s MultiChoice takeover from going through - MultiChoice South Africa and its South African broadcasting licence and South African set of DStv subscribers - to be siloed as Licence Co.

Licence Co. in South Africa will literally hold the pay-TV licence and manage the DStv subscribers, while MultiChoice Group will legally-technically no longer be a broadcaster but a video content supplier.

Like a family trust, Licence Co, although an "independent" company, will exist with the express aim to benefit the MultiChoice Group.

Also to note: MultiChoice Group, belonging to French owners and as the so-called "video content hub", will now mean that Canal+ and MultiChoice's French owners will now be paying to keep the South African public broadcaster's SABC News, eMedia's eNCA and Newzroom Africa's as South African TV news channels on the air on DStv.

This is, in effect, a French private company paying for and in control of South African TV news, as well as news elsewhere in sub-Saharan Africa.

Canal+ and MultiChoice has to secure approvals for the mega-takeover deal from Icasa, the Takeover Regulation Panel, South Africa's Competition Tribunal, shareholders, the Financial Surveillance Department and adhere to other requirements like black-economic empowerment (BEE) and with Canal+ not have voting rights of more than 20% as mandated by the Electronic Communications Act.

On paper Licence Co will be a new "independent company" but in real effect work in tandem with MultiChoice Group - as it exists currently containing MultiChoice's operational structure, technology, staff and content assets. 

Licence Co will become/remain the entity dealing with South African DStv subscribers.

Canal+ and MultiChoice plan to spin out Licence Co's ownership as majority-owned by the current Phuthuma Nathi scheme (27%), as well as two black-owned companies - Identity Partners Itai Consortium with Sonja de Bruyn and Afrifund Investments from the former Telkom CEO Sipho Maseko - as well as a Workers' Trust (ESOP).

With smart accounting and legal wrangling, Canal+ and MultiChoice are crafting it so that the MultiChoice's Group's shareholding in the new Licenco Co will be 49% and 20% on the dot in terms of voting rights - right what the regulators require.

"MultiChoice Group will retain its existing 75% direct interest in MultiChoice South Africa, which will exclude Licence Co. Phuthuma Nathi will similarly retain its existing 25% interest in MultiChoice South Africa," Canal+ and MultiChoice announced in a takeover update statement on Tuesday.

"The transaction will not lead to any disruption for LicenceCo’'s South African viewers, who will continue to access its services as normal. Licence Co will enter into various commercial agreements with MultiChoice Group subsidiaries in relation to the services currently provided to Licence Co by other MultiChoice Group entities," they stated.

"These relate to, among other things, the provision of content, technology, subscriber management and support and other functions."

"Canal+ and MultiChoice are confident that the envisaged structure meets the requirements of all applicable laws, including the restrictions on foreign ownership and control of broadcasting licences contained in the Electronic Communications Act."

Webber Wentzel and DLA Piper are the joint legal advisors to MultiChoice, while Herbert Smith Freehills and Werksmans are the advisors to MultiChoice on competition and broadcasting matters.

Citigroup Global Markets Limited and Morgan Stanley & Co International plc and the joint financial advisors to MultiChoice, while FTI Consulting are the so-called "strategic communications" advisors to MultiChoice.

Bowmans is the South African legal advisors to Canal+, with Bryan Cave Leighton Paisner LLP repping as the international legal advisors to Canal+, and BofA Securities and J.P. Morgan as Canal+'s joint legal advisors.

The Brunswick Group is the "strategic communications" advisors for Canal+.

In the joint statement, Maxime Saada, Canal+ CEO - and notably having his prepared quote placed first at the top - says "This transaction is an opportunity to create a unique global media company, with a strong presence across Africa, with the scale, expertise and creativity to compete and partner with the
largest players within the media sector and beyond".

"I am confident that the contemplated post-transaction structure will comply with South Africa's
laws and regulations. Canal+ has placed Broad-Based Black Economic Empowerment at the heart of the transaction and is delighted to welcome in this potential structure, alongside Phuthuma Nathi, new HDP shareholders and broadened employee ownership."

"We remain committed to deliver on our ambition to bring MultiChoice and Canal+ together, with
today's announcement representing another step forward."

The prepared quote from Calvo Mawela, MultiChoice Group CEO, states "We are very pleased about the progress that has been made in relation to this transaction".

"In a fast-evolving industry that is becoming increasingly competitive, the opportunity to combine our
efforts to increase scale and bring our subscribers an even better offering is something that
continues to excite us."

"MultiChoice has a long and proud history of creating significant value for the shareholders of
Phuthuma Nathi, one of the most successful BBBEE schemes in South Africa."

"To continue this journey with Phuthuma Nathi, while at the same time broadening the BBBEE participation in our business through new partnerships that also involves our staff, is an inspiring prospect."