Media, Entertainment and Broadcasting

We have a deep understanding of the complex and competitive media and broadcasting industry in Africa including digital, online and ‘traditional’ media services, content and platforms. Our services and solutions are based on a strong combination of technical knowledge of the licensing, regulatory and commercial landscape paired with deep industry insight.

We have assisted clients, whether looking to enter the market or to establish market positions, with advice on the applicable regulatory, licensing and compliance requirements. We also regularly engage with regulators, review the commercial arrangements for bringing products to market, and assist with media dispute resolution.

Our experience extends to the regulatory aspects of mergers and acquisitions, commercial transactions, sponsorship arrangements and litigious matters within the media and broadcasting industry.

Our TMT specialists are known for their work with over-the-top (OTT) and video-on-demand (VOD) service providers in Africa.

Recent highlight matters include advising or acting for:

• Netflix on the regulatory framework applicable to the provision of online content in South Africa and its engagements with the South African regulator. We also assisted Netflix in drafting its written submissions on the South African Draft White Paper on Audio and Audio-Visual Content Services, which led to public hearings and follow-up questions from the South African Department of Communications and Digital Technologies.
• MTN with its submission to and engagements with the South African Film and Publication Board in respect of its MTN Play platform which utilises short video clips.
• Ericsson on the regulatory requirements that apply to its OTT VoD service NuVu in a range of countries in Africa.
• The Southern African Venture Capital and Private Equity Association with its submission to the South African Department of Communications and Digital Technologies on the Draft National Data and Cloud Policy.
• The South African Post Office (SAPO) – the only licensed provider of ordinary postal services in the country – on its complaint to the South African communications regulator that PostNet is encroaching on the reserved postal services exclusively licensed to SAPO. We then acted for SAPO in the subsequent court proceedings brought by PostNet to set aside the decision of the South African communications regulator (that Postnet is providing reserved services that only SAPO is allowed to provide). The ability of alternative providers to provide certain services is a key factor in the structure of the postal services market.