Showing posts with label Icasa. Show all posts
Showing posts with label Icasa. Show all posts

Friday, October 31, 2025

How SABC TV under-delivers in languages besides English in prime time on SABC1, SABC2 and SABC3 - and why

Thinus Ferreira

South Africa's public broadcaster far under-delivers on the required quota of programming on SABC1, SABC2 and SABC3 that it is supposed to broadcast during prime time.

The SABC is mandated by the regulator, the Independent Communications Authority of South Africa (Icasa), to broadcast a certain number of hours during prime time in languages other than English.

The SABC, according to the SABC's 2024/'25 annual report, fails to do this and is in breach of the quotas set in this regard by Icasa.

The SABC is supposed to broadcast 18:12 hours per week during prime time in languages other than English on SABC1. Yet SABC1 only managed to broadcast 6:56 hours.

The SABC is supposed to broadcast 19:36 hours per week during prime time in languages other than English on SABC2. Yet SABC2 only managed to broadcast 4:03 hours.

The SABC is supposed to broadcast 10:06 hours per week during prime time in languages other than English on SABC3. Yet SABC3 only managed to broadcast a paltry 3:58 hours.

According to Nomsa Chabeli, SABC CEO, the financially struggling public broadcaster doesn't have the money to acquire and make the content in other languages in order to reach these Icasa quotas.

Nomsa Chabeli told parliament's portfolio committee on communications that SABC1 and SABC2 as the "bedrock of our TV business in revenue and audience underperforms".

In May, SABC CEO Nomsa Chabeli said that "Come August, we are launching a new telenovela called Pimville on SABC2, and based on that we will be really driving that audience share back to SABC2". 

This didn't happen and Nomsa Chabeli said nothing about it again.

In a media query last week the SABC was asked why Pimville Queens failed to start on SABC2 in August and why there haven't been any further updates about this. The SABC didn't respond to the media query.


Wednesday, February 26, 2025

Four months later On Digital Media has failed to refund dumped StarSat subscribers after pay-TV implosion


by Thinus Ferreira

Despondent and angry former StarSat subscribers have been unable to get the refunds they're due, four months after the collapse of the pay-TV service that abruptly ceased broadcasting in October after its equipment was seized by authorities.

Since July 2023, StarTimes SA and On Digital Media (ODM) kept running the unlicensed StarSat for more than a year after it failed to renew its pay-TV licence and had made changes to the foreign ownership shareholding of the pay-TV operator. ODM refused to reveal its latest shareholding.

StarSat was the only commercial traditional pay-TV operator competing with MultiChoice's DStv in the South African market.

After repeated warnings since March 2024 for StarSat to shut down by September of last year, the Independent Communications Authority of South Africa (Icasa) raided StarSat's head office in Midrand in October 2024 and removed equipment which took StarSat off air.

Before this, the Chinese-run StarSat SA and ODM didn't want to tell StarSat subscribers that it was operating without a valid licence, had been ordered to shut down and that it was threatened with a raid - opting to keep subscribers in the dark and continuing to take monthly subscription fees and selling to and signing up new subscribers.

Bewildered subscribers were devastated when they suddenly lost their signals on 2 October, when the South African police and Icasa took servers, cabling and other equipment while StarSat staff huddled in prayer circles.

Jan-Hendrik Harmse, StarSat marketing manager, on that day told SABC News the company would be going to the courts immediately to get its equipment back.

At the time, ODM and StarTimes Media in a statement claimed it would "resolve this issue swiftly and restore services". It also claimed it would continue to keep all stakeholders, including customers, employees and the media, informed as the situation progresses". 

In the past four months none of this happened.

Besides the claim in October of going to court for the seized equipment, the company also claimed that it was involved in another separate legal battle with Icasa.

Earlier in 2024 the company went to court to try and get an urgent interdict against Icasa's shutdown order.

The Gauteng High Court dismissed the urgent application.

ODM then claimed that besides going to court for its seized equipment, "A review order is pending to address the substantive legal issues between the two parties once the court date is set".

Icasa said in 2024 it wasn't aware of any further legal action from the company.

ODM appointed Eclipse Communications to do crisis communications following the raid and shutdown of StarSat but Eclipse told TVwithThinus last week in response to a media query it no longer represents the company.

Subscribers who wanted refunds were told to email emailing wecare@starsat.co.za but haven't had any response for months. 

Former StarSat subscribers say calls to the StarSat call centre number are also not being answered and their questions across social media are ignored.

Since the shutdown in October the StarSat website and its FAQ page have not been changed or updated to reflect that it's not providing a service anymore.

Last week Tarren-Kelly Hendricks, writing on StarSat's Facebook page, summed up the sentiment of thousands of former StarSat subscribers, writing "StarSat can you please reimburse me now. It's been months without any subscription, I can't afford to lose my money. Please just pay back my money for the month of October".

Shereena MacNabe said "Since your last communication with us on 8 October 2024, four months later and you just went mute on us. As if we don't exist anymore."

Last week after trying and giving up with the call centre number, TVwithThinus called the ODM office number 011 582 9802 with a media query,  asking about customers unable to get refunds. 

Jan-Hendrik Harmse said "someone" would call back, but nobody did. He was also emailed a media query a week ago.

Jan-Hendrik Harmse was asked why subscribers have not received their entitled refunds after four months, are not being helped to get their money back, why former subscribers are not getting replies to emails, calls, and on questions through social media channels.

The company was also asked what exactly the steps and process are for StarSat subscribers to get back the money they have paid for a service they haven't received and why the StarSat website doesn't mention that the service isn't running.

There was no response from the company.


Thursday, October 10, 2024

South Africa's broadcast regulator Icasa says it is unaware of StarSat court action after its shutdown raid while angry subscribers demand refunds


by Thinus Ferreira

South Africa's broadcasting regulator says it's not aware of any further legal action from the shuttered and unlicensed pay-TV operator StarSat which went off-air last week following a search and seizure raid by Icasa, while thousands of StarSat subscribers who lost their service demand refunds and say they're not being helped.

After broadcasting unlicensed for more than a year since July 2023, the Independent Communications Authority of South Africa (Icasa) did a search and seizure raid at the Midrand headquarters of the Chinese-run On Digital Media (ODM) on Wednesday last week, ripping out and confiscating equipment, servers and cables.

The regulator warned ODM since March this year that it had to stop and shut down its unlicensed pay-TV service by 18 September and to warn subscribers and stakeholders about it.

StarTimes which failed to renew ODM's pay-TV licence for StarSat in South Africa despite multiple warnings from Icasa, lost an urgent court interdict application to have Icasa's shutdown order be set aside. 

Earlier this month StarTimes's ODM said that it would be going back to court for a review. 

On Wednesday last week StarSat representatives also said that ODM's legal team was in court to contest Icasa's search and seizure raid and to have its equipment returned which also impacts StarTimes' pay-TV operations across the rest of Africa outside of South Africa that saw multiple TV channels go off its platform.

On Monday this week and again asked on Tuesday, Zanele Ntuli, Icasa spokesperson, told TVwithThinus the regulator isn't aware of any further legal action from ODM, StarSat or StarTimes regarding the shutdown order, or last week's raid.

In response to a media query seeking comment from ODM on Icasa saying it isn't aware of legal action over last week's search and seizure operation, the pay-TV operator through its Eclipse Communications crisis communications PR company, told TVwithThinus on Wednesday "the legal action in question involves StarTimes Media, the rightful owner of the equipment wrongfully seized by Icasa, not ODM or StarSat".

"StarTimes Media is currently challenging Icasa in court over the seizure of their equipment, for which
StarTimes Media has a valid licence, and this is the legal process underway."

Asked for clarity on the legal review, the pay-TV operator says "ODM has initiated a legal review in the High Court, Gauteng Division, Pretoria, requesting the court to compel Icasa to review its licence renewal application".

"As of now, the court has not confirmed a date for the hearing. The core of the review is to address whether Icasa's actions regarding the licence termination were justified, particularly given ODM's ongoing renewal efforts."


Furious subscribers
Meanwhile, thousands of StarSat subscribers are furious about being cut off, having paid and not getting a service and battling to get hold of StarSat representatives and to get refunds.

Several angry StarSat subscribers told TVwithThinus that some had made double payments in October thinking that's why their service was suspended, that StarSat's customer call centre number doesn't work, that emails are not answered, wondering why StarSat never warned them in advance not to pay, and that they're now battling to get refunds.

On Monday and Tuesday TVwithThinus called the StarSat customer call centre number multiple times but it no longer rang and no longer went to call options. On Wednesday call options were restored and operators again answered.

ODM told TVwithThinus that its customer call centre "has been experiencing a higher-than-usual volume of calls, which is affecting response times. StarSat is working diligently to address as many customer queries as possible".

"At this point, adding an alternative number would not improve the situation," the company said.

"We encourage customers to consider emailing wecare@starsat.co.za and remain patient as we work to resolve the backlog."

The veteran consumer expert Wendy Knowler said "StarSat subscribers who have paid in advance, through for instance a debit order for the month of October and where there is no way they're getting a pay-TV service for their spend, StarSat's subscribers in South Africa are absolutely entitled to a refund".

"StarSat is definitely not entitled to hold on to that money."

Asked why it failed to warn subscribers that a shutdown was possible, ODM says it "chose not to communicate this potential disruption to subscribers, as we were confident in our appeal and did not wish to cause unnecessary alarm."

"We are currently engaged in legal proceedings with Icasa regarding this matter, and believe the shutdown of our service prior to a court ruling is premature."


Friday, October 4, 2024

Angry StarSat subscribers demand and are entitled to refunds


by Thinus Ferreira

StarSat subscriber Sonja van Graan Wright in Durban had no idea why her pay-TV service on Wednesday morning went dead in South Africa, with the loss of several TV channels for thousands of subscribers to China's StarTimes operating elsewhere across the African continent.

An avalanche of angry StarSat subscribers now demand refunds, want to know why StarSat kept them in the dark and how they can get their money back since StarSat went down and turned their decoders into bricks just after they paid and debit orders went through for October.

On Digital Media's unlicensed StarSat was axed after South Africa's broadcasting regulator, the Independent Communications Authority of South Africa (Icasa) on Wednesday morning at 09:00 in a raid, confiscated equipment and shuttered ODM's operations.

It comes more than a year after the Chinese-run StarSat's pay-TV licence in South Africa expired in July 2023 which ODM failed to renew in time despite repeated warnings. 

Icasa told ODM in March to warn StarSat subscribers that StarSat was ordered to stop broadcasting by 18 September. 

ODM ignored the shutdown order and kept broadcasting and also ignored the regulator's instruction to tell TV channel providers, StarSat subscribers, installers and agents, as well as its own rank and file staff. 

The Icasa shutdown likely spells the end for the only competitor to MultiChoice's DStv in South Africa's traditional satellite pay-TV space since angry StarSat subscribers will now withhold further monthly subscription fee payments - the lifeblood of a pay-TV operator. 

Meanwhile, South Africa's thousands of StarSat subscribers who just paid and already saw debit orders go through for October without any consumer warning from StarSat that its service might very likely go down this month, are entitled to a refund.

For the past two weeks TVwithThinus called StarSat's customer call centre daily and was told that nothing was wrong ("since we are answering the phone"), is selling decoders and packages and won't shut down. By Friday morning StarSat didn't answered the phone.

Elsewhere in Africa, from Tanzania and Uganda to Kenya, Rwanda, and Nigeria, StarTimes wasn't honest with furious subscribers in these various countries who complained about the loss of certain TV channels and who are unaware that it's the shuttering after the raid in South Africa that's impacting the uplinking of TV channels to a satellite transponder.

In Ghana, StarTimes Ghana for instance told subscribers that it is "working on resolving the signal interruption due to a faulty cable from our main station".

On social media like Facebook, an avalanche of StarSat subscribers asked StarSat what happened, how they should go about cancelling, why they were not told beforehand, and what they need to do to get a refund for their October money paid. By Friday StarSat failed to respond to their questions.

Veteran consumer expert Wendy Knowler says "It's amazing that StarSat got away with it for a whole year. StarSat subscribers who have paid in advance, through for instance a debit order for the month of October and there is no way they're getting a pay-TV service for their spend, then StarSat's subscribers in South Africa are absolutely entitled to a refund".

"StarSat can't say what happened is beyond its control because they were knowingly operating without a licence, so sooner or later that axe had to fall. I anticipate that StarSat won't leap to refunding that debit order run but they're definitely not entitled to hold on to that money," Wendy Knowler explains.

"The worst case scenario would be for the company not to cancel the debit order run and then this time next month they are debiting again and still not providing any service in which case their customers would be well-advised to get hold of their banks and make sure that those debit orders are cancelled."


Chose silence to not to cause 'alarm'
TVwithThinus asked On Digital Media what it is doing about StarSat subscribers who are demanding refunds, are complaining that they were not warned and what the exact procedure is for customers who have just paid for October to get a refund of their subscription fees.

Through ODM's crisis communications PR firm Eclipse Communications, ODM says "StarSat is committed to adhering to all relevant regulations regarding customer compensation".

"We are currently working on a solution to address this issue and will communicate the necessary steps in the coming days.

ODM was also asked for comment on why it failed to inform and warn StarSat subscribers specifically beforehand, after Icasa warned ODM that it was going to be shut down, that they pay-TV service will likely be cut.

"The removal of StarSat's equipment by Icasa on Wednesday was both unforeseen and abrupt," ODM claims.

"StarSat had every intention of maintaining its operations and chose not to communicate this potential disruption to subscribers, as we were confident in our appeal and did not wish to cause unnecessary alarm."

"We are currently engaged in legal proceedings with Icasa regarding this matter, and believe the shutdown of our service prior to a court ruling is premature."

With questions swirling about ODM's shareholding and whether changes in shareholding contributed to the lack of a licence extension, ODM told TVwithThinus "StarTimes Group, through its subsidiary, holds a 20% share in ODM, with the remaining shares owned by a range of South African institutions and individuals".

"StarTimes Media (STM) is the service provider to ODM and is not a shareholder in ODM. Yes, the changes in the shareholding structure contributed to delays in ODM/StarSat obtaining its licence renewal from Icasa."

ODM was also asked for confirmation of its pay-TV subscriber base and active 90-day subscriber count after saying it had 500 000 StarSat subscribers in South Africa. A veteran industry insider said the number seems inflated.

"StarSat currently has 500 000 yearly active subscribers. StarSat does not track its subscriber base using a 90-day metric. Our subscriber data is regularly reviewed in line with industry standards," ODM said.

Asked about what equipment Icasa removed on Wednesday from its Midrand office, ODM says "Apart from the equipment owned by ODM being confiscated during the operation, the majority of the broadcasting equipment removed by Icasa belongs to StarTimes Media (STM), which provides services to ODM and transmits signals for StarTimes Group's pan-African broadcasting".

ODM says its management team "is actively working on addressing the situation and exploring all possible legal and operational solutions".

"We are committed to resolving the matter as swiftly as possible and will continue to engage with all relevant stakeholders, including media, subscribers and its employees."

An Icasa spokesperson confirmed to TVwithThinus by telephone that the regulator told ODM that StarSat needs to be shut down and that "Icasa went ahead with a search and seizure operation which took place on Wednesday".

Wednesday, October 2, 2024

Unlicensed StarSat claims its not illegal, refuses to reveal shareholding


by Thinus Ferreira

StarSat which has been broadcasting unlicensed for over a year and failed to renew its licence, on Tuesday claimed that it is not operating illegally, with the Chinese-run pay-TV provider that said it would continue to defy South Africa's broadcasting regulator and stay on the air.

This comes as On Digital Media (ODM) that runs StarSat refuses to divulge its local and foreign shareholding, with an insider saying StarSat's claims of 500 000 subscribers and 600 workers are bogus.

South Africa's, the Independent Communications Authority of South Africa (Icasa), warned ODM multiple times in 2023 to renew its broadcasting licence in time, which the Midrand-based satellite pay-TV operator ignored and failed to do. 

ODM's 15-year broadcasting licence expired on 8 July last year and simply kept broadcasting without telling StarSat subscribers, installer agents, its staff, or local and international TV channel providers that it is operating without any valid licence.

By March this year Icasa told ODM it must shut down by 18 September and in advance of the shuttering date tell all its stakeholders, subscribers and channel providers that 18 September will be its last day on air.

The date came and went with ODM, the only traditional satellite pay-TV competitor to MultiChoice's DStv, defying Icasa's shutdown order and vowing to keep broadcasting despite losing an urgent court interdict against its shutdown order in the Gauteng High Court.

On Tuesday, at a hastily-arranged press conference, Pule Mabe who is now StarSat's head of strategy and public affairs and previously was national spokesperson for the ANC political party, claimed that "StarSat is not operating illegally".

During its business rescue under which the financially imploded TopTV became StarSat, China's StarTimes acquired a 20% share in StarSat, the maximum allowed by a foreign company in a local media business. 

On Tuesday ODM refused to provide the current shareholding structure and composition of StarSat.

"We are trying to recover on the two years that we have lost. During that period, our own shareholding at the level of StarSat got to be tampered with," Pule Mabe said.

He said StarSat is going to do roadshows over the next weeks with mobile operators "depending on where we get the right and best offer for our customers to launch fully our over-the-top (OTT) platform so that our people know that they do not only have to rely on satellite dishes for them to watch content".

After StarSat claimed it has 500 000 subscribers and 600 workers who will lose their jobs if the unlicensed StarSat is forced to shut down, an insider told News24 that these numbers are very likely overstated.

Meanwhile, TV channel operators and distributors including the SABC, e.tv, Warner Bros. Discovery (WBD), ZEE, The Walt Disney Company, AMC Networks International, the BBC, Bloomberg, NBCUniversal, Sky News, Trace Africa and others have not pulled their channels from StarSat and continue to supply their channel collections to the illegal pay-TV operator.

Icasa didn't respond to a media query earlier this week, asking whether it told channel distributors to stop providing their content to StarSat since it is unlicensed and was told to shut down.

Justine Limpitlaw, an expert in electronic communications law, told SABC News that "until a court sets aside Icasa's decision, Icasa is the regulator under the constitution".

"StarSat simply didn't apply in time and Icasa has therefore said to it you need to wind down your operations."

Icasa and the police shuts down unlicensed On Digital Media's StarSat in raid on Midrand offices as staff huddle in prayer circles


by Thinus Ferreira

South Africa's broadcasting regulator on Wednesday morning cut off the signal of the unlicensed On Digital Media's StarSat in a raid on its Midrand office complex in Johannesburg after a defiant ODM continued broadcasting and refused to shut down.

StarSat staff stood around, huddled in prayer circles.

Thousands of StarSat subscribers who were warned not to pay for another month, after the Independent Communications Authority of South Africa (Icasa) warned the public that StarSat was meant to shut down on 18 September, suddenly lost signal and got an "E001: There is no signal! This may be due to bad weather or a faulty connection in the installation" on-screen message from their decoders.

On Wednesday morning ODM didn't respond other than to say on social media "We are aware of the connection issue and we will provide further feedback".

It didn't tell subscribers that Icasa had shut it down when the regulator's officials arrived at its offices in Halfway Gardens, ripped equipment out and carried it away.

Icasa officials ripped out servers, cables and other broadcasting equipment since 9:00 on Wednesday morning. 

Icasa's StarSat raid and shutdown was televised live on SABC News.

Jan-Hendrik Harmse, StarSat marketing manager, told SABC News that Icasa arrived on Wednesday morning with a search and seizure order.

"Icasa started unplugging things. They started just ripping out all the equipment we need to broadcast. But not just to South Africa, but to the rest of Africa as well. So as we speak, our customers have nothing showing on their screens."

"If we have to go to the courts we are going to go to the courts," he said.

On Wednesday afternoon a StarSat's customer call centre operator, when asked if StarSat had been raided and shut down, said "No, that is not the case".

StarSat which has been broadcasting unlicensed for over a year and failed to renew its licence, claims it is not operating illegally, with the Chinese-run pay-TV provider that says it will continue to defy South Africa's broadcasting regulator and stay on the air.

ODM didn't immediately respond to a media query about Icasa’s shutdown of StarSat. Icasa also didn't respond yet to a media query seeking comment on its shutdown raid.

Icasa warned ODM multiple times in 2023 to renew its broadcasting licence in time, which the Midrand-based satellite pay-TV operator ignored and failed to do. 

ODM's 15-year broadcasting licence expired on 8 July last year and simply kept broadcasting without telling StarSat subscribers, installer agents, its staff, or local and international TV channel providers that it is operating without any valid licence.

By March this year Icasa told ODM it must shut down by 18 September and in advance of the shuttering date tell all its stakeholders, subscribers and channel providers that 18 September will be its last day on air.

The date came and went with ODM, the only traditional satellite pay-TV competitor to MultiChoice's DStv, defying Icasa's shutdown order and vowing to keep broadcasting despite losing an urgent court interdict against its shutdown order in the Gauteng High Court.

On Tuesday, at a hastily-arranged press conference, Pule Mabe who is now StarSat's head of strategy and public affairs and previously was national spokesperson for the ANC political party, claimed that "StarSat is not operating illegally".

During its business rescue under which the financially imploded TopTV became StarSat, China's StarTimes acquired a 20% share in StarSat, the maximum allowed by a foreign company in a local media business. On Tuesday ODM refused to provide the current shareholding structure and composition of StarSat.

"We are trying to recover on the two years that we have lost. During that period, our own shareholding at the level of StarSat got to be tampered with," Pule Mabe said.

He said StarSat is going to do roadshows over the next weeks with mobile operators "depending on where we get the right and best offer for our customers to launch fully our over-the-top (OTT) platform so that our people know that they do not only have to rely on satellite dishes for them to watch content".

After StarSat claimed it has 500 000 subscribers and 600 workers who will lose their jobs if the unlicensed StarSat is forced to shut down, an insider told News24 that these numbers are very likely overstated.

Meanwhile, TV channel operators and distributors including the SABC, e.tv, Warner Bros. Discovery (WBD), ZEE, The Walt Disney Company, AMC Networks International, the BBC, Bloomberg, NBCUniversal, Sky News, Trace Africa and others have not pulled their channels from StarSat and continued to supply their channel collections to the illegal pay-TV operator.

Justine Limpitlaw, an expert in electronic communications law, told SABC News that "until a court sets aside Icasa's decision, Icasa is the regulator under the constitution".

"StarSat simply didn't apply in time and Icasa has therefore said to it you need to wind down your operations."

On Wednesday afternoon StarSat in a statement confirmed "that today Icasa, accompanied by the South African Police Service entered its Midrand offices and disconnected services".

"During this process, not only were ODM's services impacted but also those of StarTimes Media's pan-African broadcast. As the service provider to ODM and a subsidiary of the larger StarTimes Group, StarTimes Media holds a valid individual electronics communication network service (ECNS) licence for transmissions across Africa."

"While we acknowledge Icasa's mandate to shut down ODM's South African services, we are appalled by the manner in which Icasa disregarded ODM's reasonable initial request for a discussion regarding which equipment should be removed, should the execution order be carried out."

"Instead, Icasa opted to remove all equipment, including that belonging to StarTimes Media, which has adversely affected its pan-African broadcast services. This disconnection is highly concerning as it affects legitimate operations under this licence."

"While ODM acknowledges an ongoing dispute, it strongly contests the disconnection of a valid
StarTimes Media connection, which it believes to be unlawful."

"ODM is exploring all legal avenues to resolve this issue swiftly and restore services. The company's legal representatives have urgently approached the courts and will continue to keep all stakeholders, including customers, employees, and the media, informed as the situation progresses."


Unlicensed StarSat kept shutdown order secret for 6 months, says ‘recent order came as unexpected surprise’


by Thinus Ferreira

StarSat which is broadcasting illegally without a licence kept its subscribers, staff, local installer agents and even its global TV channel providers in the dark ever since South Africa's broadcasting regulator told it six months ago to shut down by September, now claiming "the recent shutdown order came as an unexpected surprise".

Yet StarSat also says it didn't believe it was "necessary to raise concerns with our stakeholders at the time" after it was told in March to shutter by 18 September.

South Africa's broadcasting regulator, the Independent Communications Authority of South Africa (Icasa), warned the Chinese-run On Digital Media (ODM) last year to renew its broadcasting licence in time, which the Midrand-based satellite pay-TV operator failed to do. 

ODM's 15-year broadcasting licence expired on 8 July last year, but has since then kept operating its StarSat service.

On 18 March this year, Icasa finally decided that ODM should wind up its affairs and shut down by 18 September and told the Midrand-based satellite pay-TV operator to tell StarSat subscribers that StarSat would stop on this date.

ODM knew for six months about its StarSat shutdown order from Icasa but decided to keep this a secret from staff and subscribers. 

In response to a media query, ODM claimed that "Unfortunately, the recent shutdown order came as an unexpected surprise, impacting both our business and staff".

After Icasa told StarSat that its licence wasn't renewed and that ODM must shut down, CEO Debbie Wu in June denied that StarSat would be shutting down when she was asked about it.

In response to a media query in June, Debbie Wu said "We can assure you and the public that ODM/StarSat will not be closing its operations anytime. Should such an event materialise, which we doubt will happen, we will respect our obligation in terms of the law to notify all interested parties".

ODM was sent questions about StarSat's shutdown order through Eclipse Communications appointed to do ODM's crisis communications, asking for comment about StarSat subscribers, staff, StarSat installers and agents, as well as TV channel distributors, who say they were not notified over the past half a year by ODM that Icasa told StarSat to shut down by 18 September.

None of these specific questions were answered. 

In a statement from Eclipse Communications, ODM said that after an urgent interdict application to stop the Icasa shutdown order failed, "A review application is pending to address the substantive legal issues between the two parties once the court date is set".

A question about what exactly ODM's "review application" entails, what court and what it means, also went unanswered.

Instead, ODM notes that "StarSat has always prioritised open communication at every level of our business. We maintain ongoing dialogue with stakeholders to ensure smooth operations, and it has been our hope that our engagement with Icasa would result in positive outcomes for both our employees and customers".

ODM which claims it has 500 000 StarSat subscribers and 600 staff, says it didn't tell anybody that its pay-TV service was ordered to shut down because it didn't believe it was necessary and didn't want to alarm stakeholders.

"Throughout this process, StarSat remained in regular contact with Icasa, submitting our late application with full justification, believing that ICASA understood the challenges we faced. Given our confidence in a positive resolution, we did not believe it was necessary to raise concerns with our stakeholders at the time."

"Unfortunately, the recent shutdown order came as an unexpected surprise, impacting both our business and staff."

"Like any organisation filled with passionate and dedicated individuals, we were disheartened by the sudden decision. Our current focus is on finding a solution to continue delivering our unique offering to South African audiences."

"We remain committed to working with Icasa and sincerely hope for a resolution that supports the livelihoods of our employees and the pay-TV industry as a whole."

ODM's StarSat is the only traditional pay-TV competition for MultiChoice's DStv in South Africa. It is 20%-owned by the Chinese pay-TV service StarTimes – the maximum allowed for a foreign company of a South African media business. 

StarTimes took over the running of a rebranded StarSat following a business rescue process a decade ago, after Top TV came to the verge of collapse following controversy and public outcry over TopTV's eventually abandoned plans to carry a bouquet of pornographic TV channels.

Channel operators are distributors like the SABC, e.tv, Warner Bros. Discovery, ZEE, The Walt Disney Company, AMC Networks International, the BBC, Bloomberg, NBCUniversal, Sky News and Trace Africa have taken a wait-and-see approach and have not pulled their channels from StarSat's channel line-up since last week although they are currently providing services and content to an unlicensed and now illegal pay-TV operator.

ODM says "StarSat remains committed to engaging with Icasa in a respectful and constructive manner. We look forward to a platform where we can discuss any concerns or discrepancies and work toward a positive outcome."

"In the meantime, we have sought legal counsel and will be transparent in sharing updates with stakeholders as the matter progresses."

"Our primary focus remains the well-being of our employees and continuing to contribute positively to the South African economy. We are optimistic that, in partnership with Icasa, we can find a solution that benefits all parties involved".

According to Icasa, the industry and StarSat subscribers should prepare for "StarSat's imminent exit from the subscription television market in South Africa".

Tuesday, September 24, 2024

Half a million StarSat subscribers could be cut as On Digital Media that no longer has a licence defies South Africa's broadcasting regulator Icasa and says it 'will remain operational'


Thinus Ferreira

More than half a million StarSat subscribers could soon turn into bricks with 600 workers losing their jobs after the pay-TV operator failed to renew its broadcast licence but with a defiant StarSat operating illegally without a licence saying it’s not abiding by a shutdown order and will continue its service.

On Digital Media (ODM) was supposed to shut down last week Wednesday but defied an order from the Independent Communications Authority of South Africa (Icasa), after it was warned for months to cease operation by 18 September.

The Independent Communications Authority of South Africa (Icasa) warned the public and industry on Friday after StarSat failed to shut down, about StarSat's "imminent exit from the subscription television market".

Icasa tells TVwithThinus that if the Chinese-run On Digital Media (ODM) refuses to shut down, Icasa will shut down the Midrand-based pay-TV operator.

Meanwhile, many of StarSat's half a million customers are wondering whether they should cancel debit orders which will be going through at the end of the month saying they're not getting answers to their questions from the company as customers, with staffers and installing agents who are also in the dark.

ODM's StarSat is the only South African competitor for MultiChoice's DStv in the pay-TV sector, but admits that it failed to renew its broadcast licence within the allowed timeframe.

Icasa told StarSat in March that it should notify StarSat subscribers that it's going to close down and will stop broadcasting by 18 September 2024.

In June, after Icasa told StarSat that its licence was not renewed, CEO Debbie Wu denied that StarSat would be shutting down and told TVwithThinus in response to a media query "We can assure you and the public that ODM/StarSat will not be closing its operations anytime".

StarSat, which started as TopTV, dragged Icasa to court, contesting its shutdown order from the regulator, trying to obtain an urgent court interdict.

The Gauteng High Court didn't grant ODM application for an urgent court interdict. 

In the meantime ODM makes it seem as if nothing's wrong with StarSat and continues to broadcast, selling StarSat decoders and dishes, and taking payments and customers' money although its signal could be cut.

When StarSat's customer service number was called last week daily including Saturday, the phone was answered by people who kept saying nothing was wrong.

According to Icasa, ODM's 15-year broadcast licence expired on 8 July 2023.

ODM failed to submit a licence renewal application within the required timeframe set by the Electronic Communications Act (ECA) and related regulations," Icasa says.

"The legislation requires a licensee that holds an Individual Broadcasting Service licence to submit its renewal application to the Authority no earlier than twelve 12 months and no later than 6 months prior to the expiry of the licence."

"Despite numerous reminders, ODM submitted its licence renewal application after the expiry date on 10 November 2023."

Icasa says it sent several letters to ODM requesting a plan on how and when it will inform StarSat subscribers about the winding up of its services. Icasa says ODM failed to provide any answers.

"On 18 March 2024 Icasa decided that ODM should wind up its affairs and cease providing broadcasting services by 18 September 2024, and further inform its subscribers."

ODM, in response to a media query, admits that the company "submitted its license renewal application to Icasa later than the required deadline", but claims Icasa was unhelpful.

According to StarSat, its licence renewal application was done late "Owing to challenges in securing new investment in a competitive market, along with the introduction of a new shareholders agreement and the economic pressures following the COVID-19 pandemic".

On Digital Media says "Despite multiple attempts to seek guidance from ICASA officials to address these regulatory challenges, ODM did not receive the necessary support".

China's StarTimes holds a 20%-interest in ODM, the maximum allowed for a foreign company in a South African media business.

The satellite pay-TV operator says that although the Gauteng High Court dismissed its urgent application for an interdict to block Icasa's shutdown order "A review application is pending to address the substantive legal issues between the two parties once the court date is set".

SarSat says if it has to shut down it would "jeopardise the livelihoods of more than 600 ODM employees and disrupt the broader network of over 4 000 dealers and sales agents who rely on its operations".

More than 500 000 StarSat subscribers will lose the pay-TV service.

"Despite the current challenges, StarSat will remain operational, and is committed to providing uninterrupted service to its users and business partners."

Icasa told TVwithThinus if StarSat doesn't shut down soon the operator will take steps to ensure it shutters.

TVwithThinus contacted several TV channel distributors to hear whether they've removed their sets of TV channels provided to ODM's StarSat bouquets after Icasa's shutdown notification.
The SABC, e.tv, Warner Bros. Discovery, ZEE, The Walt Disney Company and AMC Networks were contacted, with ZEE that haven't yet responded.

Mmoni Seapolelo, SABC media relations manager, said "The SABC has noted a media statement issued by Icasa on 20 September regarding this matter and is awaiting a further direct engagement with the regulator". 

Jorja Wilkins said eMedia had no comment. 

Jared Stokes said Disney has nothing to share but will notify about updates.

A spokesperson for AMC Networks International in the United Kingdom that supplies channels like CBS Justice and CBS Reality to StatSat said they "are closely monitoring the developments and will be taking appropriate actions as necessary".

Warner Bros. Discovery (WBD) says "WBD only became aware of the situation concerning StarSat's license when Icasa made the public announcement on Friday, 20 September 2024".

"We are aware of StarSat's public statement and await further information from StarSat regarding its operations and next steps with Icasa."

"As the situation is still developing, we are closely monitoring any updates from StarSat and Icasa to understand the potential impact on our channels and, most importantly, our subscribers. We will provide further updates as to any impact on our channels as soon as we are able to."


Monday, June 24, 2024

OPINION. Why Canal+'s MultiChoice takeover will be a DStv minus.


by Thinus Ferreira

When Canal+'s takeover of MultiChoice is done - a deal where it's all about money and not about average consumers - pay-TV in South Africa won't be better or mean improved content.

Here I highlight how and why MultiChoice, taken over by Vivendi's Canal+, will be a net negative for South Africa in terms of content contraction, how South African TV news will effectively come under French control, together with predicted corporate downsizing and job losses at MultiChoice in South Africa and across the African continent.

Also spare a thought for South Africa's mangled media regulations which will be left in tatters in the buyout's wake - regulations which will have proved fruitless in preventing foreign media ownership of the local broadcasting space.

"Will we get better content with Canal?" a DStv subscriber asked me in an email. I smiled. It's one of several that asked about the same thing.

While average TV viewers and DStv subscribers are under the impression that Canal+'s buyout plan of MultiChoice is some benevolent action to create a better DStv, improve content or the traditional pay-TV customer experience, the reality is that it's all about mega-mergers, acquiring corporate scale, and above all - making money.

Neither Vivendi's Canal+, nor MultiChoice care in the slightest about how a corporate take-over and MultiChoice falling into a French company's hands will affect or "improve" DStv. It's all just about money, honey.

Canal+ (that just like MultiChoice) sees the writing on the world as far as legacy media and broadcasting companies are concerned, must "grow" and radically change amidst the epoch change of video streaming led by the Netflix, Disney+ and Amazon Prime Video of this new dispensation. 

With Canal+ even more constrained in Europe than MultiChoice in Africa when it comes to growth opportunities to build scale, the other option in the merger and acquisition (M&A) playbook is to just go buy something. 

Canal+ is playing Walmart here, trying to gobble up parts to expand when organic growth is no longer a viable option.

MultiChoice shareholders will cash in - literally - in a Canal+ buyout: Those looking to leave and get rid of their investments in legacy media and those just ready to make a profit will all simply say sayonara and laugh all the way to the bank. And as a sidenote: MultiChoice actually wants shareholders to approve the Canal+ deal.

And from the small print: Keep in mind that there are massive cash retention bonuses that MultiChoice CEO Calvo Mawela and Tim Jacobs as chief financial officer will pocket upon the Canal+ takeover going through to the tune of R15 million.

While MultiChoice and Canal+ might make noises that there won't be downsizing - or no corporate downsizing for a stipulated period - after the buyout sale is concluded, you can bet your bottom euro that MultiChoice staff will be let go sooner or later. MultiChoice in staff size won't remain that size after a Canal+ transaction goes through.

Similar to when a company like Ster-Kinekor in South Africa gets a new (foreign) owner - or mega buyouts and mergers happen in America like Disney with Fox, Warner Bros. and Discovery, or when Viacom and CBS were put back together to create Paramount Global - the result is always job losses.

The corporate speak is always: "We are rightsizing the new company to enhance efficiencies and eliminate redundancies". The market by the way - where again, it's all about money - loves corporate downsizing and less being paid to salaries because it means ... more possible profit.



Content creation and contraction
When it comes to Canal+ content, it's like Princess Leia said to Han of the Anoat system in Star Wars: The Empire Strikes Back: "There's not much there".

What does Canal+ have in terms of broad, general entertainment, sport or other mass-market international content that MultiChoice doesn't already have or the licensing rights to? Nothing much.

And Canal+'s French and European rights doesn't extend to Africa, anyway - they're bought for France and Europe. 

MultiChoice and M-Net will continue to acquire content and licensing rights for South Africa and the Rest of Africa (RoA) territories as they've been doing, so Canal+ wouldn't make that "easier", except for perhaps the bulk-buying of global sports rights.

Will Canal+ taking over MultiChoice suddenly lead to this massive influx of new content, new popular shows that DStv subscribers haven't seen before and a boost for Showmax as its streaming service? Absolutely not.

More likely Canal+ will, after its acquisition, make MultiChoice close some content taps or turn some down to a trickle. After an M&A, the buying company looks for aggressive cost-cutting in the company it acquired. And what's in MultiChoice's store and on the shelves are ... content. 

Since there can't be underperforming store closures (except in places like Ghana where there is a MultiChoice office and a Canal+ office that would surely merge leading to one building closed down), Canal+ might look to cull and "rationalise" on things like TV channels.

It will be interesting to see what happens after Canal+ grabs the crown to the number of M-Net Movies or Africa Magic TV channels for instance, and if there is a decrease in what is bought from international distributors and American studios. 

What would really be bad and sad is if Canal+ ends up gutting or changing what remains of M-Net, becoming a Roman regional outpost in Africa to Canal's French empire


News questions
What would the feeling be if MultiChoice were to take over and own the French TV news channels France24, Canal+'s CNews, or Altice Media's BFM TV news channel?

With the Canal+ takeover, South Africa's SABC News (DStv 404), eMedia's eNCA (DStv 403), and Thokozani Nkosi and Thabile Ngwato's Newzroom Afrika (DStv 405) will all effectively "belong" to a French company.

The South African public broadcaster's SABC News channel can't exist or function without the millions paid to it annually by MultiChoice. It was in fact MultiChoice that set up the channel and asked the SABC to produce it. Without MultiChoice's influx of cash, the SABC News channel can't survive on its own.

eMedia's eNCA as a TV News channel was exclusively created, and is paid by MultiChoice, to be an exclusive pay-TV news channel for just DStv. 

Similarly, Newzroom Afrika was commissioned by MultiChoice to be an exclusive DStv channel and is paid and funded by MultiChoice. Not one of these three TV news channels can function without MultiChoice.

Where is the Independent Communications Authority of South Africa (Icasa) on the issue of another country's private company, effectively through proxy, holding and being able to exercise total control of three South African TV news channels and the possibility of editorial news interference?

Canal+ will say they don't own these news channels. But Canal+ will own MultiChoice, and MultiChoice pays eNCA, SABC News and Newzroom Afrika to exist. 



Toothless regulations? 
Speaking of Icasa - it is South Africa's Icasa that has oversight of ensuring compliance with South Africa's Electronic Communications Act (ECA) - regulations that prohibit foreign entities from holding more than 20% of the voting rights of a South African broadcaster like MultiChoice.

According to the ECA, no foreign company or foreigner may have control over a commercial broadcasting licensee like MultiChoice in South Africa, and neither may a foreign company or foreigner have any financial interest, or an interest in either voting shares or capital of more than 20% in a commercial broadcasting licensee.

Canal+'s possible takeover deal of MultiChoice will also be subjected to several other regulations and approvals - including South Africa's Takeover Regulation Panel and the country's Competition Tribunal, the Johannesburg Stock Exchange (JSE), as well as the Financial Surveillance department - but the ECA is perhaps the most important one.

Once Canal+'s takeover of MultiChoice is complete, what will that say about South Africa's "regulations" and the strength and functionality of the regulatory framework to act as a bulwark to prevent what it's supposed to prevent?

Canal+ wants MultiChoice. Regulations prohibit that. Canal+ eventually gets MultiChoice. The regulations ... why do they then even exist? 

If the deal goes through, it will be proof that despite regulations, any foreign company can in full effect swoop in and buy and own a South African broadcast media company. The existing regulations will have been exposed as being essentially worthless.

In the end, if or when Canal+ swallows MultiChoice, it won't be about "better" or more content. 

It will be about two premium pay-TV companies combining to decrease costs, consolidate infrastructure, trying to scale up to become a bigger fish in an ocean where similar megalodons are facing extinction, trying to scale up to try and survive in a Netflix-world. And about money.