Politics and policy
Kenya Broadcasting Corporation. The public broadcaster has questioned
the legality of instructions by the communications regulator compelling
it to share football World Cup broadcast content with its rivals in a
row that has moved to court. Photo/FILE
By GALGALLO FAYO
In Summary
- CAK had asked KBC to share the football content on the strength that the broadcaster had acquired the rights using tax payers’ money.
- The national broadcaster claims that StarTimes and Zuku hacked into its signals and broadcast the opening ceremony and first match along with paid for adverts.
- Zuku and StarTimes argue that the suit filed by KBC, which has exclusive rights to broadcast the World Cup, lacks merit arguing that they don’t interfere with the content and transmit it to the audience as received.
Public broadcaster Kenya Broadcasting Corporation
(KBC) has questioned the legality of instructions by the communications
regulator compelling it to share football World Cup broadcast content
with its rivals in a row that has moved to court.
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KBC, in documents filed in court, says the Communications
Authority of Kenya (CAK) has no power to force it to allow StarTimes and
Zuku to broadcast world cup matches whose rights were secured by the
state-owned broadcaster.
CAK had asked KBC to share the football content on
the strength that the broadcaster had acquired the rights using tax
payers’ money.
KBC on Friday moved to court and obtained temporary
court orders stopping StarTimes and Zuku — the latter operated by
Wananchi Group — from airing the World Cup, arguing that they were
infringing on its exclusive right to broadcast the tournament.
“I wish to state that the letter from CAK is of no
help to the respondents as CAK has no legal basis to decide for the
applicant (KBC) on how to deal with its copyrighted content,” Waithaka
Waihenya, KBC managing director said in an affidavit. “Any attempt by
CAK to do so would be unconstitutional.”
CAK, in a letter to KBC, said the public
broadcaster was in breach of its universal obligation contained in the
KBC Act by denying other operators the World Cup matches signal yet it
has offered Gotv and DsTV the same.
But Mr Waihenya, in his response, said that DsTV, a
subsidiary of Multichoice, was granted the rights by world football
governing body FIFA to air football matches through Gotv via KBC.
The national broadcaster claims that StarTimes and
Zuku hacked into its signals and broadcast the opening ceremony and
first match along with paid for adverts.
Intellectual property
StarTimes airs signals provided by Pan African.
Zuku and StarTimes are digital content providers through pay television.
KBC, in its suit, lists Star Times and Pan African Network Group, and
Wananchi Group as respondents.
Zuku and StarTimes argue that the suit filed by
KBC, which has exclusive rights to broadcast the World Cup, lacks merit
arguing that they don’t interfere with the content and transmit it to
the audience as received.
But KBC says the fact that its signal is available
and not encrypted does not allow any other party to distribute it
without is permission.
StarTimes reckons that the terms of its licence
issued by CCK requires it to carry at least five free-to-air channels
(FTA) — among them KBC Channel 1 — noting that, therefore, it cannot be
said it carried it without permission.
KBC in response says that the CAK conditions cannot
force it to share its copyrighted content or any of its other
intellectual property
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