The use of unencrypted set-top boxes (STBs) for when the country finally migrates from analogue to digital television is in line with the Department of Communications' (DOC's) mandate of unconditionally providing free access to content for citizens in all corners of SA.
This is according to Ayanda Holo, director of provincial and local liaison for the Government Communication and Information System (GCIS). The GCIS is one of the entities managed by the DOC.
Holo's comments come on the back of continuous public backlash over DOC minister Faith Muthambi's decision to not adopt encryption for STB technical specifications for the country's digital migration project.
In a statement, Holo says: "Content encryption is necessary only when providers want to provide access conditionally; the most common condition being payment of a fee.
"Before digital migration, South Africa was sitting below 80% analogue signal coverage. And after migration, the coverage in SA will be at 100% digital coverage. Given this mandate, the expenditure related to encryption, which is estimated at R5 billion, is unnecessary," he adds.
Petty politics
In 2013, the African National Congress (ANC) declared encrypted STBs would be used for the country's migration to digital terrestrial television (DTT), but Muthambi made amendments to the party's Broadcasting Digital Migration (BDM) policy.
Various ANC officials have lambasted Muthambi over her decision on the technical specifications of STBs, saying the use of unencrypted decoders was not part of the party's policy.
However, Muthambi's department is adamant the minister did not defy her party's directive, as the amendment policy was approved by Cabinet.
Etv and the DOC minister are also at loggerheads over her controversial BDM amendment policy.
The free-to-air broadcaster approached the courts to have the provision that says government-subsidised STBs would not have the capability to encrypt broadcast signals set aside. Etv argued that government-subsidised DTT decoders should have the capability to support encryption.
In May, the Supreme Court of Appeal (SCA) ruled the communication department's digital migration policy on the use of unencrypted STBs for digital migration was "unlawful and invalid".
The SCA judgement notes the amendment to the policy did not follow a process of consultation, and was irrational and in breach of the principle of legality.
Muthambi and pay-TV operator M-Net, a subsidiary of MultiChoice, both want unencrypted decoders.
Despite the SCA judgement, the DOC has remained defiant and continues its legal battle. The case on the technical specifications of STBs is now with the Constitutional Court.
Holo says: "The Digital Migration Policy is progressive in that it grants the players in the market freedom to create their own commercially-driven encryption systems, and manufacture and distribute their own set-top boxes.
"Consequently, as far back as July 2012, Mark Weinberg of the Right 2 Know Campaign welcomed the Cabinet position not to encrypt public broadcast content as this would increase the production of local and original content and drive up digital television uptake."
Meanwhile, last month, Muthambi announced the production of STBs would be put on ice until further notice.
It was revealed the Universal Services and Access Agency of SA, the agency which has been charged with the responsibility of managing the production and installation of STBs, lacked tender process integrity and was not one of value for money.
Government plans to subsidise five million poor TV-owning households with free STBs.
SA is playing catch up after it missed the June 2015 deadline set by the International Telecommunication Union for countries to switch from analogue to DTT.
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