Pay TV provider GOtv is expected to sue three key Kenyan broadcasters
for airing a potentially defamatory commercial that admonishes their viewers to
boycott GOtv and StarTimes set-top-boxes claiming the two are airing their
content with the TV stations’ consent.
Papa Shirandula dances during a COFEK digital migration road show |
However, in a quick rejoinder, GOtv rebutted the allegations saying
it is compelled by the law to air all available FTA content. GOtv Kenya Limited would like to assure Kenyans
that the company operates within the confines of the laws of Kenya,” said Felix
Kyengo, the GOtv General Manager.
He added 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.”
There has been a last minute surge in the take up
of set top boxes as the digital migration deadline looms large. The analogue
signal switch-off has stirred a series of awareness activations such as the COFEK
road show which snaked from Upper Hill, through the Central Business District
to various estates in Eastlands.
Competition for Kenyan’s eyeballs has been cut-throat
especially at the pricing front before the three media houses besmirched the
arena with the negative infomercial.
MultiChoice Kenya had recently announced a 50%
price reduction in the cost of its GOtv decoders to help speed up Kenya’s
Analogue Switch Off before further slashing the price of a GOtv decoder to only
KSh99.
“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 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.
Both MultiChoice Kenya’s content delivery platforms,
Satellite Direct-to-Home (DStv) and Digital Terrestrial Transmission (GOtv),
are already digital therefore current subscribers will not be affected by the
analogue switch off.