TopTV has responded to a High Court interdict yesterday that halted the launch of the pay-television provider's adult channel package, previously scheduled for this Friday.
Until a final decision is made by the Independent Communications Authority of SA (ICASA) at the end of the month, the satellite TV operator's hands are tied with regards to its plans to offer subscribers the option of having access to adult content via the service.
The move to offer three 24-hour channels that will broadcast pornographic material from a third-party channel, Playboy UK/Benelux, sparked a chorus of disapproval from the public and various religious and regulatory bodies, including the Film and Publications Board.
While grievances were heard at an oral public hearing at ICASA's Sandton offices yesterday, the High Court interdict, issued by ICASA, will allow the authority time to complete the public process before making its decision.
Minority petitioners
TopTV says it has heeded the court's decision and is “not surprised” by those who are opposed to the introduction of pornographic material on its airwaves. However, says Marius Liebenberg, senior vice-president of sales and marketing at TopTV, they “would appear to be in the minority”.
Liebenberg says the vast majority of people who have responded publicly and on social media networks either say they look forward to the introduction of the adult content, or that it is the entrenched democratic right of people to consume content of their choice in the privacy of their own homes, as long as they do not break the law by doing so.
He says the overwhelming public opinion is in line with the independent research commissioned by TopTV in its investigation of the business viability of the new channels. Research revealed that 71% of urban adult South Africans agreed that people had the right to view material of their choice, including adult content.
The doctor's opinion
TopTV cites Dr Marlene Wasserman, or Dr Eve, Sexual Rights Committee member at the World Association of Sexual Health and clinical sexologist, who says strong fears about sexuality continue to be fuelled in SA.
In this context, says Wasserman, TopTV's initiative to create the adult pack of channels is a bold move. “Solid and comprehensive sexuality education for both parents and children is absent and there are scant models for children around healthy relationships and sexuality.”
She says poverty, unemployment, inadequate healthcare and poor education lead to sexual violence. “Adult content does not.”
Management and measures
Liebenberg reiterates that the adult pack of channels will be carefully managed. He says content will only be made available as a distinct and standalone package, and would not be integrated into the mainstream TopTV bouquet of programmes and content.
He says it would in fact be difficult to access the content, taking into account the process subscribers would need to go through.
“TopTV has put mechanisms in place to ensure that only those who have elected to subscribe to the service have access to the content. These mechanisms include secret PIN codes to protect minors from accessing the material, and encryption on a distinct pay-TV platform.”
Right to choose
Finally, Liebenberg says it is the right of all adults to view content of their choice in the privacy of their homes. “It's a personal choice that adults are entitled to make.”
He notes that pornographic material is already freely available via mobile phones, the Internet and at specialist outlets.
On the contrary, says Liebenberg, TopTV has taken a number of steps to restrict access to pornographic content on its platform.
“TopTV is satisfied it has more than sufficient mechanisms in place to protect those who are either too young to be exposed to adult television content, or those who take exception to such content. However, TopTV does not apologise for giving those who do wish to view adult content [via TV] access to such content.”
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