Saturday, January 17, 2015
CAK BACKS GOtv IN SUING NTV/KTN/CTV SAYS AD IS "ACTIONABLE"
The three media houses have been in protracted court battles to delay digital migration until government decided it was going ahead to implement the switchover anyway.
The three claim GOtv and Startimes are carrying their channels illegally and cautioned viewers from purchasing their set top boxes. Instead, they want Kenyans to wait for their own decoders which they are bringing under the Africa Digital Network consortium.
GOtv has said it will move to court to seek redress over the advert.
"The latest infomercial is not only defamatory of GOtv, misleading to the public but also
contemptuous of the court finding stated above. GOtv shall move to court for appropriate redress."
CCK Corporate Affairs Director Mutua Muthusi said GOtv were right to seek court intervention.
"That is actionable in court," Muthusi said. He said CAK had warned players over misinformation and said media houses should advertise their boxes without misleading Kenyans over rival products.
"I think even under advertising rules it is not allowed," he added.
GOtv in a statement to the press said it carried the three media houses channels under the stipulates of the Kenya Communications Amendment Act.
"GOtv and others air local TV content (including NTV, KTN and Citizen) pursuant to a ‘must carry’ obligation imposed by Regulation 14 (2) (b) of the Kenya Information and Communications (Broadcasting) Regulations
2009, whose objective is to ensure that the public has access to information."
GOtv and Startimes have been in the market for a while and have sold thousands of boxes to the extent that they are among the top Lipa na MPESA transactions movers according to Safaricom.
Startimes had not issued a statement as of Saturday evening.
A sustained campaign over the December period has seen the number of decoders sold rise sharply leaving media houses with a steep hill to climb to sell their boxes.