by Thinus Ferreira
South Africa's Competition Tribunal has granted interim relief to eMedia's Openview satellite service in its sports rights sublicensing fight with MultiChoice, ordering MultiChoice and SuperSport to allow SuperSport content to be carried and seen on the SABC's TV channels on Openview in cases where the SABC acquired and unlicensed sports content from SuperSport.
MultiChoice and SuperSport ordered the SABC in 2023 to either black out or replace SuperSport sports content that the SABC acquired through sublicensing, for the version of the SABC's TV channels carried on eMedia's Openview.
In an acrimonious legal case, eMedia took MultiChoice to the Competition Commission in 2023, after MultiChoice and SuperSport blocked the SABC from making Rugby World Cup and Cricket World Cup content that the SABC sublicensed from SuperSport, available on the SABC's TV channels carried on Openview.
Instead of live international sports tournaments, the SABC had to programme old filler content for its SABC1, SABC2 and SABC3 channels carried on Openview, while SABC1, SABC2 and SABC3 carried on MultiChoice's DStv and as free-to-air terrestrial channels, showed SuperSport content.
In an ongoing case before the Competition Tribunal, eMedia claims that MultiChoice has been abusing its alleged dominant position "by concluding anticompetitive and restrictive sublicensing agreements with the SABC".
Besides the overall case, eMedia also sought interim relief over the issue. MultiChoice opposed eMedia's application for interim relief, noting that "none of eMedia's complaints had any basis in competition law or fact".
On Monday, South Africa's Competition Tribunal in a media statement said "The tribunal has granted eMedia interim relief pending the final determination of its complaint to the commission, or for a period of 6 months, whichever occurs first".
"MultiChoice, including its subsidiary SuperSport, and the SABC are interdicted from implementing and enforcing any restriction in the (existing) sub-licensing agreements entered into between them."
"MultiChoice, including its subsidiary SuperSport, and the SABC are further interdicted from including restrictions which prohibit the SABC from transmitting or making available sub-licensed broadcasts on platforms owned or operated by eMedia (through Openview) in future sub-licensing agreements concluded between them relating to the broadcasting of sporting events."
"The tribunal's reasons for its decision will be issued in due course."
The interim relief means that in cases where the SABC, for the remainder of 2024, acquires content from SuperSport through sublicensing agreements, that content will be seen on the SABC's channels on Openview as well - in other words, there will no longer be one version of SABC channels for DStv and another blacked-out version of SABC channels for Openview when the SABC shows SuperSport sports content.
Late on Monday afternoon eMedia in a statement said "Today, Multichoice was dealt a blow when the Competition Tribunal granted interim relief to eMedia to lift all restrictions to broadcast sporting events of national interest (soccer, rugby and cricket) on its Openview channels, effective immediately".
"We are satisfied that our perseverance to stop MultiChoice'ss anti-competitive behaviour has paid off."
"More so, we are delighted that the interest of the hundreds of thousands of viewers that rely on Openview for purposes of accessing the SABC's channels and who were precluded from viewing the World Cup Rugby and Cricket matches because of the restriction imposed by SuperSport has been heard."
