PSat or Porn Satellite Television that does not have authorisation or a license from the Independent Communications Authority of South Africa (Icasa), intends to bring the signal of ''a dedicated hardcore adult entertainment channel'' to South Africa, making a 24 hour hardcore pornography TV channel available to South African viewers from 2012.
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PSat which channel is carried on the Astra4 satellite - the same satellite used by On Digital Media (ODM)'s TopTV pay patform in South Africa is now targeting and ''calling'' South Africa's TopTV subscribers, telling them that the channel - in fact the French channel French Lover TV of CanalSat - ''is now available on the same dish as TopTV''.
Since TopTV satellite dish and decoder installations have already been done, it would be easiest for these subscribers to switch to PSat by connecting a PSat decoder and smartcard to the existing satellite dish already aligned with the Astra4 satellite.
The pornographic pay TV channel, filled with ''guy-on-girl, girl-on-girl and monstrous group orgies, all with the hererosexual viewer in mind'' would be illegal and contravening South Africa's broadcasting regulations when it becomes available in 2012 in South Africa.
All broadcasting and pay TV in South Africa is regulated by Icasa - signals originating from within as well as from outside of South Africa's borders. ''Foreign'' operators and signal distributors, according to South African law, have to apply for a signal to be available in South Africa. Neither PSat, CanalSat, French Lover TV or African Satellite Installations (ASI) who will be doing the distribution of PSat in South Africa currently have a license from Icasa to do so.
''All operators of TV signals whether based in South Africa or whether they provide it to South Africa from abroad have to apply for a license for that service,'' Paseka Maleka, Icasa spokesperson told TV with Thinus. ''The company does not have a broadcasting license and any person who wants to provide any broadcasting service must apply for a license from Icasa. They didn't and does not have the right to distribute that service,'' he said.
In 2008 when Free2View - a now defunct foreign operator wanted to pipe its satellite TV signal into South Africa - Icasa said ''any attempt to provide such a service constitutes a criminal offence''.
John Solomon from African Satellite Installation wasn't immediately available for comment.
A media enquiry was also made to TopTV this morning who also didn't have an immediate response.
TopTV which is planning its own package of pornographic channels after saying at launch that it won't have porn, responded in a press release late Monday saying ''TopTV would like to place on record that it is not currently nor has it been in the past, in any discussions with PSat.TV regarding an adult content channel to be carried via the TopTV platform, nor is it in any way associated with PSat.TV. TopTV is not aware of, and neither has it approved, the channel, nor has such a service been discussed with or condoned by TopTV.''
''We are not aware that PSat.TV has applied for or been issued with a broadcast licence from the country's broadcast regulator, Icasa. In this regard, it would appear that the PSat.TV service is being distributed illegally and in contravention of the applicable laws whilst also negatively impacting on the operation of TopTV,'' says Marius Liebenberg, the senior vice president for sales and marketing at TopTV.
''The service proposed by PSat.TV would amount to a subscription broadcasting service and to conduct such without a licence would be in contravention of section 7 of the Electronic Communications Act 36 of 2005, as amended. Whilst PSat.TV urges subscribers to disconnect their TopTV decoders, it fails to inform consumers that such an action is unlawful. Subscribers would be conducting an unlawful service infringing on TopTV's rights as they would be using TopTV's infrastructure without the necessary authorisations.''
''PSat.TV is misusing and misrepresenting the TopTV brand in the market place. We have already made urgent submissions to the relevant industry bodies and regulators and will be launching legal proceedings against PSat.TV,''' says Marius Liebenberg.
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