Biased ANN7 on DStv slapped with highest fine of R80 000 by Broadcasting Complaints Commission for blatant political sabotage of ANC's Jackson Mthembu; 'one of the most serious contraventions,' BCCSA finds.

The controversial and biased "Guptanews" channel ANN7 (DStv 405) on MultiChoice's DStv satellite pay-TV platform has been slapped with the highest possible fine of R80 000 by the Broadcasting Complaints Commission of South Africa (BCCSA) for its shocking and slanderous coverage, and ordered to apologise to the ANC politician Jackson Mthembu.

The BCCSA slammed the now Mzwanele Manyi-owned ANN7 for blatant political sabotage after Jackson Mthembu, the chief whip of the ANC political party, lodged a complaint at ANN7 for staging a bogus "press conference" with 6 ANC members of parliament.

The sham "press conference" on 27 November 2017 where no questions were even asked, organised and attended by ANN7 only, was hatched between the 6 politicians and ANN7, with the BCCSA that found ANN7 guilty of blatantly intending "to sabotage the complainant's political career".

The shockingly trash ANN7 that MultiChoice is finally shutting down by the end of July didn't give Jackson Mthembu a chance to respond to the slanderous allegations made against him. The news report was repeated during the day and also during the next day, 28 November. The news report was also posted on YouTube by ANN7.

ANN7's Cecilia Russel, special projects editor, and ANN7 editor Abhinav Sahay told the BCCSA that "ANN7 regrets not affording the ANC chief whip Jackson Mthembu a right of reply before airing the story of 6 ANC MPs opposing the parliamentary debate on State Capture".

Shockingly, ANN7 had the audacity to tell the BCCSA that "ANN7 was not lax in either urgency or intent to mitigate any possible harm which could have been caused to Jackson Mthembu's reputation immediately after the matter was brought to its notice on the morning of the 29th of November 2017. The station is of the view that the steps taken mitigated any possible harm caused".

Hilariously ANN7 told the BCCSA that "the fact that there were no other broadcasters or news media present at the news conference was not relevant". When the BCCSA asked ANN7 to produce the press invitation to the "press conference" ANN7 said it didn't have anything.

The BCCSA slammed ANN7, saying "it is unthinkable that the staff of ANN7 who produced, edited and broadcast this programme on their TV channel was ignorant of the right to reply and was not aware that their broadcast was in violation of this right and in contravention of the Code of Conduct".

"The fact that they repeated this pre-recorded programme the next day aggravates this contravention. The same can be said of the fact that they posted this programme on You Tube. It seems as if they were intent on causing maximum damage to the Complainant."

"It was only when the Complainant posted a comment on this broadcast on his Facebook and Twitter accounts on 29 November that the broadcasts were discontinued."

The BCCSA also slammed ANN7 for its sham "press conference" argument, finding that "by no stretch of the imagination could this then be regarded as a news conference. The corollary of this conclusion is that we are not dealing here with a bona fide press conference, but rather with a private meeting set up between the six MP’s and ANN7".

The BCCSA slammed ANN7 in its judgment, saying ANN7 clearly intended to defame Jackson Mthembu.

"Despite the Broadcaster’s denial that there was any intention to defame the complainant with the so-called news conference and the broadcasting thereof, we find, on a balance of probabilities, that the broadcaster and the six MP’s colluded in setting up a meeting and staging a press conference, the outcome of which was broadcast in the guise of a news broadcast."

"The purpose of this broadcast was clearly to defame the complainant and to jeopardise his political career. We can therefore not accept that ANN7's failure to grant a right to reply to the complainant was an oversight or a mere mistake. This was clearly all part of ANN7's intention to defame the complainant."

"In this instance we are dealing with a news programme in which not only pure news is broadcast, but where a long tirade is broadcast as part of a broadcast of a so-called news conference. In the tirade, quite a few minutes of broadcasting time is spent on defaming the complainant."

The BCCSA found that ANN7 deliberately misled DStv subscribers.

"ANN7 was broadcasting something out of context, thus misleading the viewing public. It was also not done in a fair manner because we have found that the so-called press conference was actually a meeting set up between the Broadcaster and the six MP’s and it was unfair to pretend that it was a bona fide press conference."

The BCCSA slammed ANN7 for committing "one of the most serious contraventions" of the Broadcasting Code.

"We agreed that this was one of the most serious contraventions that we have had to decide on. The fact that this pre-recorded news broadcast was repeated during the day of 27th November and the following day, aggravates this contravention."

"ANN7 was not forthcoming when dealing with the serious allegations against it. Although it admitted a contravention by not granting the complainant a right of reply, it persisted in its denial of a sham with the so-called press conference."

"The fact that the “press conference” and the broadcasting thereof was done in bad faith, are aggravating circumstances, justifying a maximum fine of R80 000."

"We have also decided that the contraventions of the Code warrant an order for the broadcasting of an apology to the complainant."

ANC political party's chief whip Jackson Mthembu calls for a parliamentary investigation into MultiChoice over dubious ANN7 and SABC dealings: 'If we want to call that State Capture, I have no problem'.

Dr Jack & Curtis cartoon on Radio 702's EyewitnessNews (EWN) 


Jackson Mthembu, the ANC political party's chief whip on Tuesday called for an urgent parliamentary investigation into media conglom Naspers and its pay-TV unit MultiChoice amidst a growing scandal of allegations regarding improper corporate influence by the pay-TV company on South Africa's digital TV process.

Naspers and MultiChoice are increasingly mired in a barrage of damaging news headlines and revelations regarding MultiChoice's alleged undue corporate influence on the controversial Gupta family's ANN7 (DStv 405) channel and the SABC to allegedly help influence the South African government's policy on digital TV in MultiChoice's favour.

Jackson Mthembu, the ANC communications committee chairperson, addressed journalist at the ANC's Luthuli House headquarters on Tuesday afternoon ahead of the political party’s 54th national elective conference.

"The matter should be investigated and all those who might have done things not in accordance with our stated objectives must be called to account after a proper investigation," Jackson Mthembu said.

"Now if we want to call that state capture, I have no problem."

"If you want to benefit and you then want to influence government policy towards your benefit as a private citizen or corporate citizen, indeed you might be trying to capture the state for your benefit," Jackson Mthembu said.

At issue is whether the media conglom's lucrative pay-TV unit is or was involved in undue pressure to get the controversial Gupta family through their ANN7 channel, and the SABC, to exercise pressure in return for getting their TV news channels carried on MultiChoice's DStv satellite pay-TV platform.

Explosive, leaked meeting transcripts between MultiChoice and the South African public broadcaster the SABC, as well as #GuptaLeaks contracts between MultiChoice and the controversial ANN7 D(Stv 405) channel showing massive payments from DStv to the Guptas, have raised multiple serious questions over corporate impropriety.

MultiChoice told the SABC it would pay the broadcaster R100 million for the SABC News channel but but only on the strict must-have contract clause condition that the SABC must support MultiChoice's stance on conditional access (CA) for digital television.

MultiChoice also dramatically upped its payments from R50 million per year to R100 million per year and then R141 million per year, as well as a questionable, additional R25 million payment to the Guptas for the low-rated, bad quality, mistake-filled and often criticised ANN7.

MultiChoice is paying ANN7 more despite its barely there low ratings than eNCA (DStv 403) that has more than 50% of the overall TV news audience share.

It's all created the perception that MultiChoice has paid kickbacks to both the SABC and ANN7 to use its influence to get set-top box (STB) encryption dropped from government-subsidised STBs in the switch to digital terrestrial television (DTT).

MultiChoice and Naspers that have denied the kickbacks allegations and have been very slow to respond to the growing avalanche of criticism and calls for parent company Naspers and its chairperson Koos Bekker and CEO Bob van Dijk - not MultiChoice - to launch an independent investigation into the shocking allegations.

On Tuesday Naspers shares tumbled 4% on news that the United States law firm, Pomerantz - specialising in class action securities law suits - has started its own investigation into possible Naspers securities fraud and other unlawful business practices.

ANC: 'The SABC and MultiChoice deal is not in the best interest of the people of South Africa', keeps SABC 'a junior broadcaster to pay TV'.

The ANC is upset with its minister of communications Faith Muthambi and will meet with her today as the ruling political party in South Africa is now hugely concerned about about the highly controversial channels deal signed between MultiChoice and the SABC, saying "the SABC and MultiChoice deal is not in the best interest of the people of South Africa".

The ANC says the controversial deal forces the SABC to remain "a junior broadcaster".

The ANC also wants answers from Faith Muthambi and is hugely concerned about the minister's abrupt policy about-turn of non-encryption for the SABC in the looming switch to digital terrestrial television (DTT) in the country, saying the bad decision by Faith Muthambi will force the SABC to remain "a junior broadcaster to pay television" in South Africa.

On Monday night Jackson Mthembu, ANC National executive committee member and spokesperson, appeared on Justice Malala's The Justice Factor on eNCA (DStv 403), saying the ANC wants answers from Faith Muthambi on the controversial deal between MultiChoice and the SABC.

In the deal worth hundreds of millions of rand, MultiChoice pays the SABC to provide the SABC News (DStv 404) channel, now running just in English on DStv and no longer including other indigenous South African languages, as well as exclusive access to the SABC's archives for the library rerun channel SABC Encore (DStv 156) with old SABC shows.

The controversial MultiChoice and SABC deal is currently before the Competition Commission's tribunal, in a case brought by the public pressure group SOS Coalition, Media Monitoring Africa (MMA) and the media group Caxton arguing that the mega-millions deal between the public broadcaster and the pay-TV behemoth constitutes a merger.

"Why did the SABC agree on non-encryption in set-top boxes (STBs) for digital terrestrial television (DTT) with MultiChoice?" asked Jackson Mthembu on The Justice Factor.

"There's this agreement that is sitting between MultiChoice and the SABC. That agreement I can tell you is not in the best interest of the SABC itself."

"Because then the SABC will not have premium content, will not be able to compete at the same level with MultiChoice. Therefore the SABC will be a junior broadcaster to pay television. And I think that's not in the best interest of the people of South Africa. We don't," said Jackson Mthembu.

Although the embattled Faith Muthambi denied in a hastily released statement last week that it was discussed, Jackson Mthembu reiterated Monday night on eNCA that encryption of set-top boxes (STBs) was discussed and "extensively" at the recent ANC's NGC as well as the issue of digital TV migration.

"Definitely. It was discussed extensively," said Jackson Mthembu. He repeated that "equally the difficulties and challenges that the SABC is faced with" was also discussed.

Jackson Mthembu said earlier that the ANC had not been consulted by Faith Muthambi on the non-encryption aspect of the digital migration policy.

"If you don't have the instruments to assist you to protect those [content] rights, you won't get those broadcasting rights. You won't get wonderful films from Hollywood, you won't get wonderful rights to air sports. Therefore you will be a junior broadcaster to those that are able to protect their content," said Jackson Mthembu on Monday night.

"The government has been pursuing encryption [for free-to-air digital television signals] for some time, including the 2013 policy that government itself took," said Jackson Mthembu.

"After elaborate consultation with the industry where MultiChoice, e.tv and the SABC were consulted, those consultations concluded with a policy that said as government, on all those set-top boxes that we are going to subsidise, they will be encrypted. No question about it."

Also on Monday night Marian Shinn, the Democratic Alliance (DA) member of parliament tasked with telecommunications, appeared on Insig on kykNET (DStv 144) to discuss the same topic of the beleaguered Faith Muthambi and the ongoing quagmire of the South African government's acute and embarrassing failure with digital TV migration, calling it "a cesspit of intrigue and incompetence".

BREAKING. High Court orders the SABC to give live coverage on SABC2 of the Democratic Alliance political party's federal congress this weekend.

The South Gauteng High Court in Johannesburg has ordered the SABC, which initially refused, to provide live coverage on SABC2 of the Democratic Alliance's (DA) federal congress starting today and taking place in Port Elizabeth this weekend.

The SABC only wanted to give limited coverage of the political party - South Africa's official opposition party - on the SABC's 24-hour TV news channel SABC News (DStv 404) on MultiChoice's DStv satellite pay-TV platform.

The SABC News TV channel has a very small audience compared to SABC2, which means that the SABC was denying public interest, although coverage like this is supposed to be given according to the public broadcaster's own editorial policy.

In 2012, a day before the African National Congress' (ANC) similar congress - that political party's last national elective conference in 2012 in Mangaung - the SABC gave that political party massive live TV coverage on SABC2 and featured coverage on extended Morning Live segments on SABC2.

The SABC wasn't prepared or willing to do the same for the Democratic Alliance party, although the SABC's editorial policy states that the SABC gives full or extended live television and radio coverage to "broadcasting events of national importance".

Earlier the SABC's head of news Jimi Matthews said he is not going to allow the Democratic Alliance to control the platform on which it is broadcast.

Instead of giving the Democratic Alliance live coverage on SABC2, the SABC and SABC2 wanted to stick to its "regular" schedule on Saturday of broadcasting repeats and the lowbrow Japanese game show Takeshi's Castle, and on Sunday more repeats and the American lifestyle show Iyanla Fix My Life.

SABC spokesperson Kaizer Kganyago said the DA wants to "dictate to the SABC" what coverage the public broadcaster is supposed to get.

The SABC has been unable to explain how it's fair for the public broadcaster to show one political party's election congress live on the SABC, but not another political party.

While the DA will be electing a new leader at the DA's Congress to replace the outgoing Helen Zille, the SABC told the political party it won't be showing any of it on public television, although the SABC recently gave uninterrupted coverage for the ANC's birthday celebration on 8 January in Cape Town.

The ANC's spokesperson Jackson Mthembu slammed the SABC on Friday in several tweets, calling the SABC "stupid" and a "fool" and saying the SABC's "failure to cover the DA congress on the free-to-air channel is so unfortunate, stupid and has nothing to do with the ANC".

"The DA congress is in the public interest. They are the second biggest party in our country. It's only a fool that will not know that!"

"The more we ANC members are not open about SABC blunders‚ the more we are seen to be working with them," said Jackson Mthembu.

Terry Motau representing the SABC, told the High Court that the live coverage would have financial implications for the SABC, since TV commercials were sold in advance for the timeslots the SABC would be forced to cover the DA congress on SABC2.

"The SABC isn't the only medium where people can get the results," Terry Motau told the court.

Anthony Stein, for the Democratic Alliance, told the High Court that the SABC should long ago have made provision and plans for covering the political party's congress and that "alarm bells should have been ringing" at the SABC in advance if there had been a lack of proper planning and discussion for covering the news event of national importance.

"The SABC is funded by everybody in this country," said Anthony Stein.

Late on Friday Judge Zeenat Carelse in the South Gauteng High Court ruled against the SABC and ordered the public broadcaster to give live TV news coverage on SABC2. The SABC lost the case with costs.

"The SABC conceded before Judge Zeenat Carelse that it had no case, by agreeing to the order sought by the DA," the Democratic Alliance federal executive chairperson James Selfe said in a statement.

"The SABC must act with political impartiality and must not display bias in its live coverage decisions," said James Selfe.

"This is a victory for democracy. Only through live political coverage on free-to-air channels can voters in South Africa make informed political decisions. Live coverage eliminates the potential of editorial influence over political events," said James Selfe.

"The SABC's SABC News channel on DStv requires an expensive subscription, beyond the means of millions of South Africans," said James Selfe.

Live coverage of the Democratic Alliance's federal congress will start today on SABC2 at 10:30 for the opening ceremony. Live coverage on SABC2 will start on Sunday, 10 May, at 13:00 for the announcement of a new DA federal leader.

The media crisis management of the SABC was again basically non-existent during the latest tiff on Thursday and Friday as the SABC's image and reputation was again seriously being dented further.

On Friday and Saturday there was no formal statement from the SABC regarding the issue and the SABC's coverage plans, and on Saturday no notification from the SABC on coverage and no programming advisory from SABC2 on the schedule changes to inform viewers of how the programming line-ups will be changing and what would be showing when.