ICASA has no jurisdiction – Free2view

“ICASA only has jurisdiction in SA; we are up linked in France by EutelSat, who are licensed by the regulatory authority to provide a service globally,” Ramsay said.

“If CNBC Africa can broadcast into Africa with SA operators, it proves that ITU [International Telecommunications Union] regulations are being adhered to and we have a case of ‘television sans frontieres' [French for TV without borders].

“The question that begs asking is how can ICASA allow pay TV operators to sell subscriptions in Africa and will not allow African operators to sell into SA? Now as Free2view is not operating in SA, has no production, no office, no sales force in SA, just a signal that is incidentally receivable in SA, how can ICASA claim jurisdiction?”

No right to gag

Ramsay has reminded ICASA that the dark days of apartheid are long over and that the regulator has no right to gag Free2view as he is constitutionally entitled, as a citizen of SA, to impart information about content receivable in SA and to the benefits of his fellow South Africans.

“Free2view is in Africa and has no fight with ICASA which has no jurisdiction over the transmissions. The spokesperson who made the statement has no knowledge of all the facts and he is systematic of the foot-to-mouth disease most of the South Africans suffer from,” Ramsay said bitterly.

ICASA, through its spokesperson Sekgoela Sekgoela, has ignored Ramsay's justifications, saying that the ‘free' satellite TV is breaking the rules, namely Section 7 of the Electronic Communications Act.

Sekgoela added that the regulator will not hesitate to seal their equipment and use legal means to make sure that they disappear from the face of the country's TV space.

Since the launch story was published last week, Bizcommunity.com has been inundated by plenty of emails, wondering if Free2view is real. Some even went as far as to say that the project is a scam because, according to their investigations, Great Media has been dissolved in the UK.

But Ramsay rejects what he called ‘doubting Saint-Thomas-Nick's baseless claims', saying that the company is alive and kicking and they are free to verify this at www.companieshouse.co.uk.

Stopped at all costs

Furthermore, a source close to one of the ‘soon-to-be-launched' pay TV operators told Bizcommunity.com Free2view needs to be stopped at all costs, as it will operates illegally in SA.

“In terms of the current legislation they are breaking the law. There must be some form of regulation to protect the consumer,” the source said.

Asked whether Free2view is seen as a threat to upcoming operators, the source said: “Based on their current offering, I don't see them as an immediate threat.

“MSNBC is not as the same quality as CNBC, for example. I even fail to see how these guys will attract advertisers if the quality of their programming is poor and if the local broadcast regulators (be it Zim, Namibia or Botswana) deem them illegal.”