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Home Tech GOtv to sue broadcasters over Free-To-Air Channels infomercial

GOtv to sue broadcasters over Free-To-Air Channels infomercial

by Susan Mwenesi
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Pay TV provider GOtv is set to sue four key broadcasters in Kenya for airing an informercial that warns their viewers not to buy its set top boxes as the company was airing content without their consent.

Gotv denies these allegations saying that the company operates within the confines of the laws of Kenya .

 “It has come to our attention that four (4) Free-To-Air stations namely Citizen, KTN, QTV and NTV are currently running an infomercial on their platforms specifically advising consumers against purchasing GOtv set top boxes for carrying their content without consent, “said Felix Kyengo General Manager – GOtv

“The latest infomercial is not only defamatory of GOtv, misleading to the public but also contemptuous of the court finding stated above. GOtv shall move to court for appropriate redress,” he added.

Kyengo clarified that GOtv Kenya has been and continues to air the content of the above mentioned four stations, amongst others, pursuant to a ‘must carry’ obligation imposed by Regulation 14 (2) (b) of the Kenya Information and Communications (Broadcasting) Regulations 2009, whose objective is to ensure that the public has access to information,” he added.

Kyengo added that the Supreme Court, of Kenya at Nairobi in Petition No.14 of 2014 Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others by judgment delivered on 29th September 2014, affirmed that the ‘must carry’ rule does not infringe on the broadcasters’ copyright.

GOtv offers 11 local and more than 70 other TV channels including pay TV and Free to Air Channels on Digital Video Broadcasting- Second Generation Terrestrial (DVB-T2) technology. GOtv is authorized by the Communications Authority of Kenya, and was the first provider in Kenya to launch DVB-T2 technology over three years ago.

Digital migration in Kenya officially began in Nairobi on 31st December 2014 and while some stations are indeed not on analogue , KTN, Citizen, QTV and NTV are still on analogue after the court granted their request to operate on analogue as they come up with their own infrastructure for the digital platform.

As per the infomercial the media houses are planning to launch their own set top boxes.

 

 

 

“The latest infomercial is not only defamatory of GOtv, misleading to the public but also

contemptuous of the court finding stated above. GOtv shall move to court for

appropriate redress,” he added.

 

Kyengo clarified that GOtv Kenya has been and continues to air the content of the above mentioned four stations, amongst others, pursuant to a ‘must carry’ obligation imposed by Regulation 14 (2) (b) of the Kenya Information and Communications (Broadcasting) Regulations 2009, whose objective is to ensure that the public has access to information,” he added.

 

Kyengo added that the Supreme Court, of Kenya at Nairobi in Petition No.14 of 2014 Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others by judgment delivered on 29th September 2014, affirmed that the ‘must carry’ rule does not infringe on the broadcasters’ copyright.

GOtv offers 11 local and more than 70 other TV channels including pay TV and Free to Air Channels on Digital Video Broadcasting- Second Generation Terrestrial (DVB-T2) technology. GOtv is authorized by the Communications Authority of Kenya, and was the first provider in Kenya to launch DVB-T2 technology over three years ago.

Digital migration in Kenya officially began in Nairobi on 31st December 2014 and while some stations are indeed not on analogue , KTN, Citizen, QTV and NTV are still on analogue after the court granted their request to operate on analogue as they come up with their own infrastructure for the digital platform.

GOtv-Africa-logoAs per the infomercial the media houses are planning to launch their own set top boxes.

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