Openview rugby rights battle headed to court

eMedia Holdings, the parent of Openview and e.tv, looks set to face off with MultiChoice Group in court next Tuesday, 10 October, should the pay-television provider fail to comply with its demands over the broadcast of the Rugby World Cup.

MultiChoice has already said it will oppose eMedia’s application.

In its affidavit, Openview – eMedia’s free-to-air satellite platform that carries the SABC channels along with other content – is demanding to carry the same feed. Under the sublicensing agreement between MultiChoice and the SABC, no World Cup games may be broadcast on its channels on Openview.

This clause in the agreement has resulted in eMedia seeing red. It said prohibiting Openview from carrying the matches is “unenforceable and invalid”. It asked that costs for the application be borne by MultiChoice. It is hoping for a hearing in the high court in Johannesburg next Tuesday and is awaiting confirmation of the date from the court.

eMedia published full-page advertisements in various newspapers on Sunday in which it stated (in the form of a poem): “The court is engaged, the court will decide if digitally migrated Openview homes will get to the Rugby World Cup. The court will decide if Openview homes, who must pay TV licences, get to see the Rugby World Cup on SABC2.”

Last month, when it emerged that MultiChoice’s sublicensing deal with the SABC prohibited the public broadcaster from carrying the games on Openview, eMedia threatened legal action against the pay-TV broadcaster.

Openview

In an open letter to MultiChoice dated 8 September, eMedia first threatened court action. That letter, which copied in sports minister Zizi Kodwa, communications minister Mondli Gungubele, trade, industry & competition minister Ebrahim Patel and Competition Commission head Doris Tshepe , accused MultiChoice of forcing a deal on the SABC that “undermines consumer welfare and is contrary to the public interest”.

The SABC reportedly paid US$2-million (about R38-million) to broadcast 16 of the 48 Rugby World Cup games, including all matches involving the Springboks.

Read: eMedia sues MultiChoice over rugby rights

eMedia CEO Khalik Sherrif said in a statement about the SABC deal: “The anticompetitive action is nothing short of domination in trying to prescribe to the free-to-air partner on how to use its broadcasting rights. We believe the action should be strongly condemned and opposed. The 3.2 million households which have been affected by the decision should voice their dissatisfaction.”  — (c) 2023 NewsCentral Media

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