TopTV is pushing ahead with its plans for porn and wants to launch its hardcore pornographic package within 2 weeks while South Africa's broadcasting regulator is preparing a court interdict to stop the pay TV operator should it launch its pornographic package before there has been a public hearing and a decision on the application.
The Independent Communications Authority of South Africa (Icasa) has served TopTV with papers last week and the regulator is getting ready for a possible court fight with TopTV if the pay TV operator goes ahead with its plans for porn without regulatory approval.
In a letter to TopTV subscribers at the end of 2011, the pay TV operator initially indicated 20 December as its Christmas launch date for its pornographic, stand-alone package with a separate monthly subscription fee of R199. Now Heather Kennedy, vice-president for content marketing at the channel is saying that TopTV's 3 pornographic channels will ''go live within the next two weeks''.
TopTV has applied for ''authorisation of channels'' from Icasa which has been published in the Government Gazette in November asking the public and stakeholders for comment. After that, Icasa has to hold a public hearing and then decide on the application. None of this has yet happened.
Meanwhile TopTV's plan has been met with widespread vocal public resistance. Several faith-based umbrella groups reprenting Christians denominations, Muslims and Hindus are also jointly critizing TopTV's plans and calling for a boycott of TopTV as well as advertisers on the pay TV platform. Icasa received several submissions from the public and industry stakeholders regarding TopTV's porn plans.
Icasa is now readying legal action against TopTV should the pay TV provider push ahead and broadcast pornography. According to Paseka Maleka, Icasa spokesperson, ''the authority is indeed considering legal action against On Digital Media (ODM) in the form of a court interdict,'' he says.
Icasa wants to ''prevent the licensee from going ahead with the launch of the three additional video channels as applied for'' if TopTV starts broadcasting pornography before a public hearing on the case has taken place. TopTV has received no authorisation certificate from Icasa for new TV channels. Icasa plans to set a public hearing date at the end of January.
TopTV did not respond to a media request for comment and clarification on the pay platforms plans regarding the new package and why TopTV is pushing ahead despite not having an authorisation certificate.
