- Monday, 29 September 2014
The Supreme Court on Monday, 29th September 2014 gave the final decision on the Digital Migration process in the country.
The Court made judgments on several matters that were before them including whether the Authority was the Constitutionally envisaged body; whether the Authority lawfully and constitutionally allocated a Broadcast Signal Distribution (BSD) Licence to Pan African Network Group (PANG) and whether the National Signal Networks, a consortium formed by Nation Media Group, Standard Media Group and Royal Media Services, had legitimate expectation to be entitled to a BSD Licence.
On the first and second matters, the Supreme Court ruled that the Authority was legally mandated to issue BSD licenses even after the promulgation of the Constitution 2010, since the Constitution did not contemplate a vacuum. On the third matter, the Court rejected the argument by National Signal Networks that they had been promised a BSD license in both the ICT Policy 2006 and by the Permanent Secretary in the then Ministry of Information and Communications. The Court found that the BSD license can only be issued by the body mandated to provide such licences which is the Authority.
The Court further gave proposals and orders which would involve all the parties to the suit. The Court asked for the Authority to consult with stakeholders and provide the way forward in the migration from analogue to digital broadcasting.
Read the summarized Supreme Court Ruling