The judge presiding over the High Court case on Friday between the Independent Communications Authority of SA (ICASA) and TopTV's holding company, On Digital Media (ODM), has granted an interdict to stop the broadcaster from unveiling its adult channels.
The court order effectively means that TopTV's plans to launch a package of three 24-hour pornography channels this week cannot go ahead. The pay-TV operator is prohibited from taking any steps until such time as ICASA takes an official decision to either grant or deny ODM's application for the channels, which the body will do once the public consultation process, currently under way, is done and dusted.
ICASA spokesperson Paseka Maleka says, despite TopTV's argument that it is within its rights to launch the channels, the court has allowed the public process to continue. “ICASA's final decision will be made by the end of January, once deliberation following today's public hearing is concluded.”
Maleka says, barring any influential spanner in the works, the oral public hearing now under way at ICASA's offices in Sandton, will not stretch beyond today.
TopTV's senior manager of regulatory affairs Thato Mahapa says that, while the court order was made today, “[the judge] did not provide detailed reasons in the form of a judgment of the court”.
“Until we have received the full judgment, which includes the detailed reasons, we will not be in a position to comment.”
ICASA threatens action against TopTV
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