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I can exclusively break the news that the Independent Communications Authority of South Africa (Icasa) has refused TopTV's porn application for the pay TV operator to start a separate stand-alone, new hardcore pornographic package of channels.
It brings to an end an almost 3 month highly publicised battle during which the pay TV operator came under widespread criticism from wanting to introduce the Adult XXX, Playboy Europe and Private Spice channels in South Africa.
Icasa said it would provide reasons for denying TopTV's application within 30 days. TopTV's board indicated that it would accept Icasa's decision. Asked for comment, TopTV says the pay TV operator will ''wait for Icasa to provide their reasons for decling the channels. Until then we are unable to make any comments.''
TopTV ignited a massive firestorm when news broke that TopTV wanted to start a separate subscription porno package which dented the pay TV operator's brand reputation the past few months.
While the pay TV operator became imbroiled in a separate bitter fight with South Africa's broadcasting regulator over regulatory approval procedures, a massive public backlash battered the company with widespread criticism from the public, united Christian, Muslim and Hindu faith-based groups, as well as the Film and Publication Board, the trade union Cosatu, and TopTV investors voicing strong opposition to the plan. The majority of TopTV's board last week in a urgent meeting, became decidedly negative over the company's porn plans.
TopTV didn't give an oral presentation at its public hearing for its channels application convened by Icasa last Monday and was strangely silent, while the Film and Publication Board said that the Broadcasting Act clearly stipulates that the distribution of pornography can be done only through licensed stores and classified videos. The Film and Publication Board said that the sale of pornographic content is only allowed to be made to people over the age of 18 and that hardcore pornography can't be broadcast on television.
TopTV which initially wanted to start the porn package on 20 December over Christmas, then moved the date to 20 January, then was prevented to through an urgent court interdict granted to Icasa to prevent TopTV from doing so before the regulator gave a decision; is now going to pay the price in two ways.
Firstly their is the fallout from the reputational brand damage, but TopTV is also facing a financial loss stemming from the carriage agreements TopTV already signed in September with Playboy TV UK/Benelux Ltd. before it even knew if it would get regulatory approval for the porn package, as well as the financial investment TopTV already made in bringing the package to launch, which will now not be happening.
TopTV CEO Vino Govender who, at the launch of TopTV in May 2010, initially said TopTV will not be carrying pornographic channels and that TopTV ''don't want to poison the minds of the millions of South African children out there'', appears to have underestimated the sensibilities of the general South African television audience and have not fully taken note of specific tonalities of South Africa's TV market.
Both MultiChoice running the DStv pay TV service who conducted research into the possibility of starting a pornographic TV package, as well as e.tv broadcasting the salacious Naked News programme came in for similar and severe public criticism in the past. Ignoring past history, it didn't detract TopTV from also attempting a porn launch which ignited a furore and landed the pay TV operator in a public relations nightmare.