Pay-TV giant MultiChoice has suffered a legal blow after the High Court ordered that its confidential submissions be partially disclosed to rival eMedia.
The Gauteng Division of the High Court in Pretoria this week ordered the Independent Communications Authority of South Africa (ICASA) to grant rival broadcaster eMedia limited access to confidential information submitted by MultiChoice.
This marks a significant development in a long-running dispute over transparency in the pay-TV market inquiry.
The court directed that ICASA must provide eMedia’s legal representatives with unredacted versions of key MultiChoice submissions, subject to a strict confidentiality regime.
The order relates to ICASA’s ongoing market inquiry into competition in subscription broadcasting under Section 67 of the Electronic Communications Act.
The dispute centres on MultiChoice’s submissions to the inquiry, which the company successfully sought to have classified as confidential under the ICASA Act.
eMedia argued that without access to this information, it could not make meaningful representations in the inquiry, proposing that the material be shared on a limited basis with its lawyers and independent experts.
MultiChoice opposed the application, while ICASA maintained that its governing legislation does not explicitly allow it to disclose confidential information once classified. However, the regulator indicated it would abide by the court’s decision.
The court found that while the ICASA Act does not expressly provide for a confidentiality regime allowing disclosure to third-parties, it could nonetheless order such a mechanism in the specific circumstances of the case.
Under the order, ICASA must, within 14 working days, furnish eMedia’s attorneys with unredacted copies of several key documents, including MultiChoice’s responses to ICASA questionnaires and submissions related to the 2025 draft discussion document on subscription broadcasting.
Access to the information is tightly restricted, as eMedia’s attorneys may only share the material with counsel or independent experts who have signed a confidentiality undertaking, which is itself enforceable as a court order. The information may not be disclosed directly to eMedia, the court ruled.
The court further ruled that ICASA may not finalise its market inquiry until the confidential material has been shared in line with the order, eMedia has had 60 working days to respond, and the regulator has considered those submissions.
The judgement emphasises that the order is limited to the facts of this case and does not establish a broader precedent for ICASA’s handling of confidential information.
The case forms part of a broader contest between MultiChoice and eMedia over competition in South Africa’s television broadcasting sector, including issues around subscriber data, market power and access to content.
Despite the partial success for eMedia, the court ordered that each party bear its own legal costs.
Share
