Thinus Ferreira
An explosive TV keg is on the verge of erupting as untenable pressure is building up over millions of South African TV viewers who continue to be blocked from watching Springboks rugby on free-to-air television, with South Africa's government that said it is now going to intervene.
The ongoing TV sports sublicensing fight between South African broadcasters continue to block South African viewers from seeing Springbok rugby tests on television and specifically on the South African public broadcaster - content that qualifies as sport of national interest and importance.
Two of South Africa's new ministers - Solly Malatsi as minister of communications and Gayton McKenzie as new minister of sports, arts and culture - both now say they want to meet as soon as this week in a sit-down meeting with all of the stakeholders that include MultiChoice and SuperSport, the SABC, eMedia and the South African Rugby Union (SARU).
Gayton McKenzie says he will summon MultiChoice and SuperSport, eMedia and e.tv, as well as the SABC to meetings.
"We are very close to a roundtable with all decision-makers. We shall not rest until all can watch the national teams. The nation owns the national teams and the owners must watch their teams playing," he said.
"We are actively dealing with this matter. It is inexcusable and a huge shame on us. We shall very soon revert back after concluding talks."
Gayton McKenzie said he "felt anger, disappointment and sadness that so many South Africans can't watch. We need them to share the Springbok joy. We can't say we are a pro-poor country but don't have the Springboks on SABC. This needs to change. It must change. It's going to change."
The fight over TV sports sublicensing rights revolve around money and the millions paid to broadcast these, as well as the reselling or sublicensing of it and which viewers then get access to it.
MultiChoice's SuperSport is willing to pay hundreds of millions to sports bodies, content distributors and licensors for something like the past two Saturdays' Springbok test matches against Ireland. This money is then used to fund sport organisations and bodies, as well as pay players.
DStv subscribers in turn pay to watch this sports content on pay-TV services like SuperSport-packaged channels on DStv.
SuperSport sold and sublicensed the rights of the Springbok test matches to the SABC but with a contract stipulation that the content is not allowed to be shown or be accessible on the version of the SABC channels carried on eMedia's Openview satellite service.
MultiChoice argues that eMedia and e.tv would otherwise get free access to premium sports content that e.tv isn't and hasn't paid for.
eMedia argues that what is being shown by and on the SABC should be accessible everywhere the SABC's TV channels are carried and that SuperSport is deliberately not willing to sell or sublicence sports rights to eMedia en e.tv but just to the SABC.
Since eMedia dragged MultiChoice to the Competition Commission Tribunal which is still to hand down judgment in this matter - the SABC, which originally agreed to buy and sublicence the rights from SuperSport had to backtrack and break the deal to broadcast the content.
While MultiChoice and eMedia are duking it out over sports sublicensing rights, the SABC and South African Rugby are caught in the middle with viewers sitting without access.
Mark Alexander, South African Rugby Union president, in a statement said SARU supports the SABC's decision to backtrack on its planned agreement with SuperSport to broadcast the Springbok test matches but also says SARU support the SABC's desire for Springbok matches to be broadcast on the public broadcaster.
"This may appear to be a minor and obscure issue to the general public but it is critically important to the Springboks and the future of rugby in South Africa, affecting to just the broadcasters but the sport itself."
He says it's not SARU, SuperSport or the SABC which are fighting with each other.
"It was the intervention of eMedia and its demand that Openview be permitted to broadcast the rugby without any financial contribution by eMedia that put an end to this agreement."
"eMedia's attempts to put an end to exclusivity in sports broadcasting rights would slash the rights fees, with the sport itself suffering the most, severely impacting our programme delivery from the grassroots level to the back-to-back Rugby World Cup-winning Springboks."
"It is absurd that eMedia should be allowed to broadcast sport without contributing to its support and development."
Khalik Sherrif, eMedia CEO, says SARU is wrong.
"It is an absolute
shame when the real facts of a dispute in which there is a court decision in
favour of the public is distorted by a national body such as SARU. SARU should
act in the interests of all South Africans and not only the privileged few," says Khalik Sherrif.
Sheriff says SARU is simply parroting MultiChoice's views.
According to eMedia, it is "the SABC's decision which resulted in the rugby not being aired by it".
"It is clear that MultiChoice and SuperSport and the SABC are solely responsible for
the broader public not being able to watch these sporting events, such as
the Springbok/Irish test matches and the cricket T20 final. eMedia has
been in the public’s corner trying to ensure the widest access to these
events."
MultiChoice told TVwithThinus in response to a media query that MultiChoice is "sympathetic to the position of the SABC
in guarding against free-riding by a commercial competitor and using its
limited funds in a manner that would serve to further the commercial interest
of a private commercial entity".
"The
allegation that SuperSport gave too little time for eMedia to bid for the
rights is completely false."
"Despite having known about the test matches for
months, eMedia belatedly approached SuperSport to inquire about the rights and,
after being probed, made an offer to sublicense the rights."
"Their bid was
inferior to what the SABC offered and was therefore rejected. Even as late as last week, eMedia repeated its patently sub-commercial offer for the rights to
the second test in spite of it having been made aware that its offer was not
commercially viable."
"It appears to us that eMedia prefers to free-ride on the
investments made by SuperSport and the SABC rather than to itself invest at the
level which Springbok rugby deserves."
"Sports broadcasting requires a careful balancing
act. While fans would understandably like to watch everything for free, the
fact is our sports federations depend on the licensing of exclusive broadcasting
rights to keep sport alive."
"SuperSport makes a substantial investment in South African rugby and as a country, we have witnessed the fruits of that investment with
the World Cup-winning performances of the Springboks."
"SuperSport must protect
its investment in exclusive broadcasting rights. But even so, SuperSport is
mindful of the desire of audiences to also see the Springboks play on the channels of
the public broadcaster."
"We have therefore endeavoured to reach appropriate
sub-licensing arrangements with the SABC. It is eMedia alone who has disrupted
those arrangements in pursuit of its own commercial interests."
The SABC in response to a media query told TVwithThinus "the
SABC will not be pressurised to use public funds to finance private third
parties for sports rights".
"The SABC remains committed to broadcasting
sports of national interest."
The SABC said it had
acquired the rights for the Olympics games directly from the rights holder,
International Olympics Committee in 2017 and will show the upcoming 2024 Olympic Games on the SABC TV channels.
