On Digital Media (ODM), parent company of SA's second - and struggling - satellite television provider TopTV, will have half an hour this morning to convince the Independent Communications Authority of SA (ICASA) that offering adult entertainment via its platform is not only viable, but also risk-free.
ODM, ICASA and opposing parties - primarily Christian-based factions - will participate in public hearings this morning and into the afternoon, following TopTV's second application to the authority for three 24-hour pornography channels.
The broadcaster says it is confident in its case, which is based on four factors. Firstly, TopTV says key drivers of subscription take-up in the pay-TV business around the world are sport and adult content. Secondly, says the operator, South Africans have the constitutional right to choose what entertainment they consume in the privacy of their own home. Third, the company points out, adult content is currently freely available on competition channels and on the Internet without any protection for children; and lastly, it reiterates that ODM's PIN-protected subscription service "addresses untapped demand for quality, adult-oriented TV content".
Pleading the case
TopTV's application, submitted in December, is for a bouquet of three subscription-based channels that will offer South African viewers adult entertainment, provided by Top 20 global brand Playboy Entertainment. Playboy TV is currently available in 62 countries around the world.
This comes about a year after the company's first application was rejected by ICASA, without ODM having publicly pleaded its cause. The authority said at the time that the proposed content would portray women in an undignified manner and put children at risk.
TopTV CEO Eddie Mbalo says he is confident the application will succeed this time. "On the previous occasion, ODM did not take advantage of the opportunity to present its case to ICASA and the general public. [Today] we will stand before ICASA and motivate our case."
Mbalo says the application for the addition of three subscription-based channels comes at a time when the South African media industry is under pressure to toe the line while resolutely upholding the principle of self-censorship.
"The Constitution of our country guarantees every individual the right to choose. These are the rights that many South Africans have sacrificed their lives for and this is the base of our case."
ODM says it has put a "heavyweight team" of South African legal minds in the media sector, as well as enlisting the services of SA's own "Dr Ruth", well-known psychologist and women's rights activist, Marlene Wasserman (better known as Dr Eve).
The company says, as SA's second pay-TV operator, ODM provides "vital competition" to the local pay-TV market. "As a commercial broadcaster [TopTV] is required to operate as a sustainable and profitable business.
ODM points out that MultiChoice (DSTV) has the rights to the majority of the premium sports content in SA, and an adult content offering will target a currently "underserved" customer segment.
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