In the cover letter on an On Digital Media (ODM) letterhead of ODM's application for authorisation for the channels, ODM's acting CEO Eddie Mbalo wrote to Icasa saying that Icasa "will also be aware that ODM has recently filed for business rescue in terms of chapter 6 of the Companies Act, 2008. We firmly believe that our ability to offer certain of our subscribers channels that form part of this application, would help greatly in our attempts to take the business to a sustainable future."
In the application cover letter signed by Eddie Mbalo, he writes: "Given that the business has received limited regulatory assistance in the past in order to assist it against extremely tough market competition, we would hope that the authority is able to look upon the application favourably and also do this as expediously as possible, in order to give ODM a fighting chance of survival."
In the statement on Thursday evening, Eddie Mbalo says "there have been many inferences made in the media that TopTV has made this application in a last-ditch effort to save the organisation, which was voluntarily placed in a business rescue process by the board towards the end of 2012."
"However, nothing could be further from the truth. As previously stated in the statement issued by TopTV at the time, the business requires a capital injection from a strategic equity partner. It would therefore be both naive and malicious to conclude that the granting of permission to broadcast channels would be sufficient to save a company that requires a capital injection."
"The current application that has been submitted to Icasa differs from the previous one, and takes into consideration the various submissions, viewpoints and comments made previously."
"We acknowledge that TopTV's failure to participate in the previous hearings denied us the opportunity to state our viewpoint clearly and to set the record straight with regards to how the channels would be broadcast and the necessary protective mechanisms that have been put in place."
"We are willing to listen to differing points of view, but equally expect everyone to respect the democratic rights of all South Africans, including those consumers who have expressed an interest in subscribing to such an offering."
In the statement Eddie Mbalo says that the constitution "guarantees all citizens their democratic right to read, view and consume material of their choice in the privacy of their own space, so long as that consumption is not in any way in contravention of the law. This right, he said, was as important a constitutional right as the right of all citizens to be protected from exploitation and abuse."
"It should also be noted that TopTV, and all other broadcasters for that matter, are not precluded from scheduling adult content in the normal course of their business, as our competitors have done in the past, and continue to do."
"TopTV has continually avoided going this route in its belief that there should be sufficient protection, particularly for children who might otherwise access this content in the normal course of their television viewing."
TopTV wants to launch the three TV channels Playboy TV, Desire TV and Private Spice with a rating of R18.
The South African public and all interested parties can comment on TopTV's porn plans. Comments can be sent to Ndondo Dube, Broadcasting Licencing Unit, Licencing and Compliance Division, Block D, Pinmill Farm, 164 Katherine Street, Sandton Johannesburg, or email pndube@icasa.org.za or fax 011 566 3200.
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