Tuesday, November 26, 2024

MultiChoice and eMedia secretly settle TV feud over channel carriage and sports sublicensing showing


by Thinus Ferreira

MultiChoice and eMedia have secretly settled their long-running TV feud regarding both the carriage of e.tv channels on DStv, as well as the blackout on Openview of SuperSport content acquired by the SABC.

While the details of the confidential settlement agreed to in September are not yet known, e.tv's additional TV channels continue to remain available on MultiChoice's DStv which means that a channel carriage extension deal was signed.

On the sports rights sublicensing issue, if the SABC were to acquire rugby or football matches from SuperSport again - and if this is also shown on the version of the SABC's TV channels carried on eMedia's Openview - that would mean that MultiChoice has entered into an amended deal with the SABC and e.tv as well.

Neither MultiChoice nor eMedia will be able or allowed to keep the details of the part of their so-called "confidential" settlement regarding the sports sublicensing matter secret.

This is because their months-long skirmish and public fight pertains to, and involves, the SABC as South Africa's public broadcaster which was dragged into the squabble, with even Gayton McKenzie, South Africa's latest minister of sports, arts and culture, who told MultiChoice, eMedia and the SABC to settle the issue or the government will become involved.

In its half-year results until the end of September, eMedia Holdings notes that "The Competition Commission's complaint against MultiChoice South Africa by eMedia for removing eMedia's four entertainment channels from the DStv bouquet as well as DStv's preclusion of the Rugby World Cup matches from the Openview platform has resulted in significant legal fees for the Group."

"The matter has, however, been satisfactorily settled by both parties in September".


Issue 1: e.tv channels to remain on DStv
The settlement means that eMedia's long-running TV fight over its TV channels on DStv has been settled exactly two and a half years after it started in March 2022.

At the time MultiChoice decided to dump the e.tv-packaged TV channels of eExtra (DStv 195), eToonz (DStv 311), eMovies (DStv 138) and eMovies Extra (DStv 140) from DStv, following the termination of a five-year channel carriage agreement that MultiChoice didn't want to renew, opting to keep only e.tv and eNCA (Dstv 403).

eMedia then took MultiChoice to the Competition Commission and accused MultiChoice of an abuse of marketplace dominance under the Competition Act. 

MultiChoice was forced to keep all of the e.tv channels it wanted to remove on DStv until the conclusion of the case.


Issue 2: Sub-licensed SuperSport rights
On the second matter the heat was really turned up in a really acrimonious fight between MultiChoice and eMedia after MultiChoice decided to resell SuperSport content to the SABC.

MultiChoice however forced the public broadcaster to black out the SuperSport content on the SABC's version of its SABC1, SABC2, SABC3 and SABC Sports channels carried on eMedia's Openview.

eMedia argued that content that is on the SABC should be available wherever the SABC's TV channels are carried and shown.

MultiChoice argued that eMedia is "free-riding" and that eMedia "wants to broadcast content to their Openview customers without paying a cent to do so".

This case also went to court after eMedia dragged MultiChoice to the Competition Commission and the Competition Tribunal.

In response to a media query MultiChoice on Tuesday told TVwithThinus "The terms of the settlement are confidential but we can confirm that the litigation between MultiChoice and eMedia Holdings has been settled amicably between the parties".

eMedia in response to a media query on Tuesday told TVwithThinus "The issues between the parties have been satisfactorily resolved by agreement, which brings to an end to the legal proceedings between MultiChoice and eMedia. We have entered into a confidential settlement agreement on the matter. We are very pleased with the outcome."