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On Digital Media (ODM) which runs TopTV has launched a second attempt to introduce pornographic TV channels in South Africa exactly a year after the country's broadcasting regulator denied TopTV's first application.
TopTV is currently under business rescue according to the Companies Act and seems to now believe that porn will save it. Icasa confirmed to me that TopTV filed its second application for porn channels at the Independent Communications Authority of South Africa (Icasa) just before Christmas.
Icasa told me that TopTV is again applying for so-called "adult" TV channels.
TopTV CEO Eddie Mbalo responded to a media enquiry I made this morning, saying "this is a new application and not necessarily what was denied to TopTV by the regulator."
I can reveal that TopTV wants to launch the three TV channels Playboy TV, Desire TV and Private Spice.
The South African public and all interested parties has 21 working days from 19 December to comment on TopTV's porn channel plans with correspondence which has to be sent to Ndondo Dube, Broadcasting Licencing Unit, Licencing and Compliance Division, Block D, Pinmill Farm, 164 Katherine Street, Sandton Johannesburg or fax 011 566 3200 or email pndube@icasa.org.za
In its application letter TopTV tells Icasa that "we firmly believe that our ability to offer certain of our subscribers the channels that form part of this application would greatly help in our attempts to take the business to a sustainable future".
TopTV says it wants Icasa to licence the porn channels as quickly as possible to "give ODM a fighting chance of survival".
TopTV describes Playboy TV as "a 24 hour erotic entertainment service starring the world's most beautiful women".
TopTV describes Desire TV as "a brand-new, bespoke 24-hour adult service designed to appeal to men, women and couples. The service will showcase sensitive, erotic, and sensual driven sex scenes." TopTV says this channel will "only contain content that celebrates women, the human form and the act of love making".
TopTV describes Private Spice as "a 24-hour adult service" which will feature "beautiful women and stunning locations" and that the channel "sets the standard of adult entertainment".
The channels are provided to TopTV by Playboy TV UK / Benelux Limited in England and uplinked through SES Platform Services in Munich, Germany to South Africa.
TopTV again plans to use a PIN code to block the separate bouquet from minors but this time wants to introduce a double PIN blocking mechanism.
TopTV applied in 2011 to Icasa to launch a porn package as a separate bouquet with a set of 24-hour pornographic TV channels - Private Spice, Adult XXX and Playboy Europe - during Christmas 2011 although the operator had no approval on the channel application.
In a resultant court case following an urgent court interdict by Icasa, the South Gauteng High Court said TopTV had to wait for Icasa to have the public hearing on the channels. TopTV didn't appear before Icasa to answer questions regarding its own application and in early 2012 TopTV's porn application was denied.
During the resultant porn debacle, the plan met with huge public resistance. Scores of outraged TopTV subscribers cancelled their contracts and TopTV investors threatened to disinvest from the company.
All of it dented TopTV's public image and inflicted reputational damage on its brand since the first TopTV CEO, Vino Govender, at the TopTV launch in May 2012 said the company is run "with strong Christian ethical codes and we are not planning to introduce a porn channel" and that TopTV "doesn't want to poison the minds of millions of South African children out there."
In February 2012 TopTV announced that Vino Govender was out with immediate effect, suddenly replaced by Eddie Mbalo as the new interim CEO. Later in 2012 Eddie Mbalo said Vino Govender had "no broadcasting experience".
Now TopTV which is looking for something to save the troubled pay-TV operator, is looking at porn as a possible saviour of its business. TopTV is trying for a second time and has submitted an application for authorisation for such channels to Icasa again.
TopTV which keeps losing general TV channels from its bouquet - the latest was three channels from Turner at the end of December without providing a reason - announced at the end of October that the company has entered business rescue but has made no public announcement about the new channels application.
Asked whether TopTV has any news to share regarding its business rescue plan, Eddie Mbalo says that "the business rescue practitioner will communicate at an appropriate time any information that is for public consumption".
Asked why TopTV decided to apply for this type of channels again, Eddie Mbalo says "all the questions related to our application to Icasa will be responded to when we have our opportunity to respond during the public hearings if they do occur."
Asked how TopTV sees the future of the company in 2013, Eddie Mbalo answers that "the future of TopTV will be communicated at an appropriate time as part of the business rescue plan".
