The recent Competition Tribunal interim order, which urgently prevents DStv and the SABC from excluding sub-licensed sports matches from SABC channels on Openview, has raised immediate concerns about the potential impact on South Africa’s Premier Soccer League (PSL) sustainability.
In response to this order, PSL chairman Irvin Khoza filed an affidavit expressing concerns about the decision and its potential effects on the league. Khoza emphasised that the Tribunal granted the order without first hearing from the PSL, as the league’s rights cannot be sub-licensed by MultiChoice without its permission.
The interim relief order came after eMedia initiated proceedings against MultiChoice in 2023 following last-minute deals with the SABC, allowing the broadcaster to show key matches from Rugby and Cricket World Cup tournaments. However, these deals prohibited the SABC from broadcasting the matches on any of its channels on Openview, leading to eMedia’s argument that these restrictions were anti-competitive.
Despite objections from MultiChoice, the Tribunal ruled in favour of eMedia, temporarily blocking MultiChoice from enforcing the restrictions and the SABC from abiding by them. This order will remain in effect for six months or until the Tribunal reaches a decision on the case.
The impact of this order has already been felt, as the SABC announced that it would be unable to broadcast the rugby test matches between the Springboks and Ireland. This has led to ongoing and escalating disputes between eMedia, MultiChoice, and sports organisations like the South African Rugby Union (Saru) over the implications for sports broadcasting rights and associated revenues, creating a tense and uncertain atmosphere in the industry.
Khoza and Saru have expressed grave concerns that the implications of the interim order on exclusivity in sports broadcasting rights could lead to a significant loss of sponsorship revenue and the ability to fund sports programs in South Africa. Khoza also highlighted that the PSL had previously invited eMedia to bid for exclusive broadcasting rights, but eMedia’s bids did not meet the necessary requirements, potentially leading to a loss of revenue.
Overall, the concerns raised in the affidavit by Khoza and the ongoing disputes surrounding the interim order highlight the potentially far-reaching implications of these decisions on sports broadcasting and the associated revenues for sports organisations in South Africa.
