GOTV, Star Times lose digital migration case
The High Court has withdrawn orders stopping Citizen TV, NTV and KTN from airing an advert notifying viewers that GOTV and Star Times had no authority to air their content.
The High Court reversed the orders it issued in favour of GOTV and Star Times barring Royal Media Services Limited, Nation Media Group and Standard Media Group from airing an advert the two had complained was misinforming to the public.
In his ruling, Justice Alfred Mabeha said Star Times and GOTV misled the court to issue the orders by failing to disclose that the Communications Authority Of Kenya (CAK) had written to them that they needed consent from the three media houses before airing their content.
The judge said that the three media houses only aired facts in the interest of the public and only created awareness so that viewers are not duped into buying GOTV and Star Times set-top boxes as they would afford their own boxes later.
The court has dismissed the complaint by GOTV and Star Times that the advert was misinforming.
However, a copyright infringement suit filed by the three leading media houses is yet to be heard and determined.
The High Court had in January issued an injunction stopping the three media houses from airing infomercials warning viewers not to purchase GOTV and Star Times decoders.
High Court Judge Mabeya had ordered Citizen TV, NTV and KTN to stop the messages until a defamation case filed by GOTV was determined.
GOTV went to court after the three stations started airing messages asking viewers not to buy its decoders in readiness for the digital migration.
The stations said in their messages that GOTV and Star Times were duping viewers to buy the decoders and that the Pay TVs were airing their content without consent.
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