TopTV is now intent on fully launching its separate porn package of 3 hardcore pornography TV channels from Playboy TV as a separate stand-alone package before or during Christmas, with TopTV's senior manager of regulatory affairs, Thato Mahapa saying TopTV ''hope to launch this month still'' - placing the porn launch over Christmas.
Meanwhile the pay TV operator has received no approval from South Africa's regulator, and is now on a direct collission course with the authority, as both started publicly attacking each other.
TopTV's senior manager of regulatory affairs, Thato Mahapa said TopTV ''hope to launch this month still'', possibly indicating a porn channels launch over Christmas and the two and a half weeks left in the year. TopTV's official spokesperson Melinda O'Connor is however saying something else, telling TV with Thinus that ''we can confirm that well not be launching in December. We will announce the launch date close to the time.''
South Africa's broadcasting regulator, the Independent Communications Authority of South Africa (Icasa) has not held a public hearing on On Digital Media (ODM)'s ''application for authorisation of channels'' and Icasa has not issued a certificate of approval giving TopTV permission to launch any new TV channels.
This means that TopTV and South Africa's broadcasting authority are on a direct collision course about TopTV porn plans which is now already turning ugly.
TopTV applied for 3 pornographic channels - or as the industry euphemistically refer to them, ''adult channels'', after TopTV signed a carriage agreement with Playboy TV. TopTV plans to launch the porn package this month still despite any written approval from Icasa. There has also been no public hearings yet which follow the application for a TV channel. The Playboy channels will have a separate subscription of R199 for the three 24 hour channels.
The Film and Publication Board (FPB) said it will ''strongly oppose'' TopTV's application for the channels. A growing faith-based initiative, led by the Family Policy Institute (FPI) has called for a boycott of TopTV and asked TopTV subscribers to cancel their contracts and also said that advertisers and sponsors who appear on TopTV's airwaves will be targeted.
TopTV's Thato Mahapa says the porn channels are ''by default already authorised'', alleging that Icasa failed to give a decision on the application within the 60 day period.
TopTV's ''application for authorisation of channels'' only appeared in the Government Gazette on 17 November. According to volume 557, no. 34760, all interested parties had 14 days to make written representations in relation to the specific application with Icasa. After that Icasa can decide to have a public hearing regarding the application and all the written representations received.
Icasa spokesperson Paseka Maleka told TV with Thinus that ''the authority is currently considering all the submissions received in respect to the TopTV application''.
''The date for public hearings has not been set as yet but an official communique will be issued in due course. There is no decision at the moment until the public consultation process is complete.''
''The authority received written representations from members of the public following the publication of the ODM channel authorisation application in the Government Gazette. The authority is awaiting written responses from ODM and thereafter a public hearing will be convened,'' says Paseka Maleka.
''As far as the authority is concerned, ODM is not authorised to broadcast the proposed three additional video channels.''
''It is within the authority's right to institute further engagements on matters of regulatory nature to ensure that decisions taken are lawful, reasonable and procedurally fair. The ODM case is no exception. It will be unfortunate if ODM opts to disregard the public consultation process that is currently underway and which it is very much aware of.''
TopTV's Thato Mahapa said TopTV believes, due to technicalities, that ''the channels are automatically approved''. ''It is us who warned Icasa of its non-compliance with the regulations and they did not listen. Secondly, we warned Icasa of the consequences of non-adherence to the regulations, including automatic approval of the channels by virtue of regulations 3.5, and Icasa chose not to heed the call.'' He said that TopTV ''always have and will continue to adhere to existing regulations''.
