State signal provider Sentech has been found liable for not stopping people living in Botswana from being able to view channels broadcast in SA by the South African Broadcasting Corporation (SABC).

The company will have to pay eBotswana, which is 49%-owned by South African-based etv, damages dating back almost three years, and has also been ordered to pay the Botswana broadcaster’s legal costs.

eBotswana took Sentech to the South Gauteng High Court, last July, arguing that it was not sufficiently encrypting transmission of SABC channels, which was damaging the broadcasting sector in the Southern African Development Community (SADC).

Recently, the court handed down a decision that found Sentech liable for its failure to “take all reasonable steps” to stop pirate viewing in Botswana of SABC channels one, two and three.

The channels were being picked up through satellite receivers that are able to tap into Sentech’s satellite-based Vivid Direct-to-Home platform. The order says Sentech’s failure is “wrongful, negligent and in breach of its duty of care” towards eBotswana.

The station argued Sentech did not secure satellite transmission on its Vivid platform, leading to lost revenue for legitimate broadcasters and hampering growth in the sector, as most of the Botswana population is watching pirated TV.

According to the judgment, Sentech must take all reasonable steps, within three months, to prevent people in Botswana from illicitly viewing the channels, unless Sentech has “good cause” to apply for an extension.

Sentech is also liable for the damages eBotswana has suffered since 25 March 2009, because it failed to stop pirate viewing. eBotswana has 20 days from 17 February to set out its damages claim.

eBotswana says it will review the order and discuss a way forward. Sentech also has to pay the Botswana broadcaster’s costs.