DSTV Kenya to Cofek: Why we moved EPL from #SS3 to SS#5

Be Social. Share this Article

We refer to the above matter and the letter from Mr Kemoli Sagala to you, which was forwarded to us for a response. We thank you for the opportunity to respond to the complaint and to clarify the issues raised in the said letter. 

MultiChoice Africa Limited (“MAL”), the provider of the DStv Service is incorporated in Mauritius and has rights to distribute in Africa and the adjacent Indian Ocean Islands a number of Pay TV Channels. MAL has engaged MultiChoice Kenya Limited to provide Subscriber Management Services in respect of the DStv Service in Kenya. 

We confirm that changes were made to the SuperSport 3 channel resulting in a reduction of the English Premier League (“EPL”) games shown live on this Channel. These changes affect all DStv subscribers in Africa, not just those in Kenya. 

MAL makes changes to its service from time to time to cater for operational and commercial requirements. Subscribers are made aware of this fact in DStv’s Terms and Conditions specifically at clause 54 which allows MAL to determine Multichoice Kenya and change, from time to time and at its sole discretion, the nature, composition and content of the MultiChoice Service. These terms and conditions are brought to the attention of a customer at the point of subscribing to the service.

.The changes to the SuperSport 3 channel are, therefore, in accordance with the Subscription Agreements. 

Prior to the changes to the SuperSport 3 Channel, most of the EPL games were scheduled live on this Channel, which is available on the Compact Plus bouquet. MAL expected that this would attract sufficient subscribers to recover the sunk costs of acquiring the EPL and maintain a fair commercial return for the business.

Despite resources being devoted to the Compact Plus bouquet, the expected returns did not materialise and the situation was exacerbated by the inflationary effects of a devaluating currency. In order to forestall a further price increase to cater for this specific challenge, a decision was taken to reschedule a proportion of the live EPL games from SuperSport 3 to SuperSport 5 which is only available on the Premium Bouquet. 

As soon as it was possible to publicise these impending changes to the scheduling of the EPL games, every effort was made to ensure that this was communicated on a variety of platforms in an attempt to minimize the inconvenience to subscribers.Adequate and timely communication was sent to our subscribers using a variety of communication tools. This included the use of the popular dailies, SMS text messages and social media. This was all done before the commencement of the EPL games which kicked off on 8th August 2015. 

lt is, therefore, not true that there was an intention on the part of MultiChoice to deceive or in any way mislead consumers into subscribing to Compact Plus in the belief that it would carry all live EPL games.

Subscriber satisfaction is an imperative for us, Our business model is dependent on subscriptions which means that the loss of subscribers negatively impacts on the revenue we earn.

The ability to offer subscribers what they want to watch at the price points they can afford is a delicate balance. We, therefore, assure you that this was not a decision that was taken lightly.

Walingo Chiruyi, General Manager

Be Social. Share this Article