While pay-television provider TopTV is determined to go ahead with the launch of three 24-hour subscription adult channels, the Independent Communications Authority of SA (ICASA) has warned that such a move will be countered with legal action.
On Digital Media (ODM), holding company of SA's second satellite television provider, submitted an application to ICASA in September for three additional channels that would carry pornographic material. ODM confirmed last month that it had been in talks with Playboy TV and had concluded an agreement with the adult entertainment entity, whereby it would broadcast its content on three designated channels set to become available “in the near future”.
Upon expiration of the 60-day period allocated by the Subscription Broadcasting Regulations for ICASA to either grant or reject the application, TopTV said last month that it would go ahead with the launch of the Playboy TV package within the next two months, as the application had by default been approved.
However, according to ICASA spokesperson Paseka Maleka, a public consultation process that is currently under way precludes any move by TopTV to broadcast Playboy TV at this time. “The authority is indeed considering legal action against ODM in the form of a court interdict, to prevent the licensee from going ahead with the launch of the three additional video channels as applied for.”
Maleka says the public consultation process is tabled to be finalised by the end of January and, in the meantime, “[there is] ongoing communication between the two parties on this particular matter”.
Senior manager of regulatory affairs at TopTV Thato Mahapa says the company was “served with papers” from ICASA earlier this month and will submit a response. He maintains the launch will go ahead, but could not yet provide a date.
Mahapa says the company is “following the necessary procedures” and will be able to issue further information once it has received feedback from ICASA.
Up in arms
The protracted dispute between ICASA and TopTV comes in the wake of a decision by first pay-TV provider MultiChoice to abandon its proposal to host pornographic material on its service in 2010, due to a public outcry.
At the time of announcing its proposed adult entertainment add-on, TopTV said it had identified a definite market for adult content and channels among South African television viewers. It added that the move to make it available would not compromise its subscribers' values, nor did it indicate a shift in its family-oriented focus.
Senior vice-president of sales and marketing at TopTV Marius Liebenberg said that, while TopTV respected the right of any person who chose not to subscribe to the adult package, the channels met a market demand.
Despite assurances that the content would be available as a distinct package requiring a separate monthly subscription fee, and that TopTV had taken every precaution to protect underage viewers, the notion of pornography on SA's TV waves has got members of the public and various organisations hot under the collar.
The Film and Publications Board, together with civil society partners such as the Family Policy Institute and Childline, has spoken out against the move, and is embroiled in the public consultation process with ICASA.
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