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I can break the news that South Africa's broadcasting regulator, the Independent Communications Authority of South Africa (Icasa), has followed through with its threat to file an urgent court interdict today against TopTV proposed porn package with a big court clash coming this Friday 13 January.
I can reveal that Icasa and TopTV are set to face off in a big court battle on Friday 13 January over TopTV's unapproved porn plans, since the pay TV operator is opposing the regulatory authority's urgent application for a court interdict. Icasa filed the application for an urgent court interdict today.
ALSO READ: TopTV pushing ahead with its plans for porn; regulator readies a court interdict.
TopTV has continued its push for porn before any public hearing on the application for new channels has taken place - as is usually the case. TopTV has also not been issued with a physical approval certificate - a document which needs to be issued by Icasa before an operator can commence broadcast of any TV channel.
TopTV which has made an ''application for authorisation'' to Icasa to broadcast hardcore pornography as a new separate porn package says that it has a right to broadcast the new channels.
The stand-alone package of 3 Playboy TV channels will have a separate monthly subscription of R199 for the 24 hour channels. TopTV's ''application for authorisation for channels'' appeared in the Government Gazette on 17 November. After that the public and stakeholders had two weeks to comment. That is followed by a public hearing, the date of which is determined by Icasa.
TopTV said in December that as far as the pay TV operator is concerned ''the channels are automatically approved''. Heather Kennedy, vice-president for content marketing at TopTV said that TopTV's 3 pornographic channels will ''go live within the next two weeks'', which means before the end of January.
Icasa has now applied for an urgent court interdict today to prevent TopTV from starting its pornographic channels until such time that the authority, which regulates the country's broadcasting and pay TV industry, has held the public hearing which follows any application for new channels.
According to industry insiders Icasa gave TopTV until the end of business today to file answers as an affidavit regarding TopTV's porn plans and to agree that TopTV will back off and wait for a public hearing before starting broadcasting.
I can also reveal that besides Friday's court clash date, Icasa will call for a public hearing on TopTV's porn plans which will take place on Monday 16 January. Anyone can attend the public hearing which in all probability will now draw a much bigger crowd than usual.
''Icasa has filed an interdict to prevent TopTV to go ahead with the launch until it has finalized the matter by first conducting public hearing on the initiative next week 16 January,'' Jubie Matlou, Icasa's senior manager for communications and international relations tells TV with Thinus. He says after TopTV's porn package hearings that will be set for 16 January, Icasa will give an answer and make its findings known by the end of January.
Meanwhile Icasa received several submissions from the public and industry stakeholders regarding TopTV's porn plans. The porn plans of the pay TV operator - which initially told TopTV subscribers in November in a letter that it will launch its new pornographic channels on December 20 - has since been met with widespread vocal public resistance.
The Film and Publications Board (FPB) also indicated that it will ''strongly oppose'' TopTV's application. Different faith-based groups in South Africa have also united in calling for a boycott of TopTV and TopTV advertisers and asked TopTV subscribers to cancel their contracts.
''TopTV has responded to the court interdict by undertaking that it is challenging the interdict,'' says Jubie Matlou.
TopTV, was asked earlier today about the court case and the urgent court interdict application set to be heard on Friday 13 January and if TopTV has any response, anything regarding the interdict, any statement, or comment, or anything TopTV wants to say regarding the matter, or anything TopTV wants to put forth regarding the pay TV operator's position. TopTV didn't respond.
UPDATE Tuesday 10 January 13:00 - TopTV just responded to a media enquiry made yesterday, saying ''We can confirm the court hearing on Friday 13 January.''
''TopTV is in the process of responding to Icasa's court interdict and are therefore unable to make any comments on this matter until an outcome has been reached. We will relay any new information as soon as we're in a position to do so.''
