Abstract: A digital broadcasting receiver and a scrambled channel determination method thereof are provided. The digital broadcasting receiver includes a header analyzing unit which analyzes headers of a video packet and an audio packet separated from a transport stream, to thereby determine existence of a start portion of a packetized elementary stream (PES) packet data, and a scramble determination unit which determines the existence of a scrambled channel by analyzing payloads of the video packet and the audio packet, if the header analyzing unit has decided that the video packet and the audio packet contain the start portion of the PES packet data. Accordingly, the digital broadcasting receiver provides an improved response speed during channel selection.