January 6, 2015

Summary

Supreme Court rules favourably for media giants in digital migration case. This gives KTN, Nation Media and Citizen an advantage.

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Supreme Court rules favourably for media giants in digital migration case

Supreme Court rules favourably for media giants in digital migration case

It’s a win-win situation for the country’s top three media houses, following a ruling that works in their favour by the Supreme Court yesterday with regards to the digital migration. The court suspended the analogue switch off notice by the Communications Authority (CAK) and ordered for the analogue and digital TV platforms to run concurrently as the three media houses get their infrastructure in order.

Standard Group (KTN), Nation Media Group (NTV) and Royal Media Services (CITIZEN), had moved to court on December last year to stop the digital migration on grounds that they were not ready. According to lawyer Paul Muite who is representing the three media houses, migrating from analogue platform to the digital will force the media houses to be off air as they do not have infrastructure to broadcast on digital.

“The media houses need three more digital frequencies in order to procure the broadcasting infrastructure. You can’t place order for the transmitters without the frequencies because the manufacturer needs to synchronize them,” he told the court.

CAK had argued that the decision will give the three media house an unfair advantage over the rest who did not hold any water.

“The three cannot be allowed to operate on the digital as well as the analogue forum as it will be unfair to the other eight, which are already operating on digital,” said CAK’s lawyer Wambua Kilonzo.

The switch-off from analogue to the digital platform had been scheduled to kick off on December 31st 2013.

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