The urgent court interdict brought by South Africa's broadcasting regulator has been granted by the South Gauteng High Court which effectively stops TopTV from starting its new proposed hardcore pornographic package until such time as the regulator approves or denies the application at the end of the month.
The Independent Communications Authority of South Africa (Icasa) on Friday brought an urgent court interdict to stop On Digital Media (ODM) from starting a separate, stand-alone pornographic package of 3 new TV channels - Adult XXX, Private Spice and Playboy Europe - on Friday 20 January. Icasa said in the urgent court interdict that ''the content of this proposed package is unprecedented'' and that public consultation is necessary.
ODM's TopTV platform does not have an approval certificate for the new service from Icasa. Icasa is still busy with the regulatory approval process and is in fact holding the public hearing on the application today.
TopTV said it had a right to start broadcasting the pornographic package at a separate additional subscription of R199 per month, regardless of whether Icasa has given approval. TopTV said Icasa took to long to handle the approval process. Icasa brought the interdict to stop TopTV from going ahead and launching the porn bouquet before Icasa has finished the public consultation process.
Following today's public hearing at Icasa's office in Sandton, Icasa will make its decision at the end of January of whether or not to approve or deny TopTV's application. TopTV continues to suffer reputational damage because of the porn proposal, with the application that has been met with widespread public resistance, including faith based groups calling for a TopTV boycott, as well as the Film and Publication Board (FPB).
''Until such time that we have received the full judgement, which includes the detailed reasons, we will not be in a position to comment,'' says Thato Mahapa, TopTV's senior manager of regulatory affairs in a just released statement.
The granting of the court interdict by Judge Ndawuyake Tshabalala creates serious complications for TopTV which at launch in May 2010 said it won't be offering any pornographic channels.
TopTV has already signed carriage agreements in September with Playboy TV UK/Benelux and told TopTV subscribers in a letter that it would start the porn package on 20 December. That was then moved to 20 January.
TopTV - now effectively blocked from starting on 20 January - will be losing all the money and preparations. It's also unclear whether TopTV would be able to get a further contractual extension from Playboy TV UK/Benelux yet again since contractual time stipulations form a part of the carriage deal.
TopTV now can't implement the pay TV operator's second starting date which has to be scrapped as TopTV have to wait for Icasa's decision which will only come at the end of the month.
