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Green light for TopTV porn

Bonnie Tubbs
By Bonnie Tubbs, ITWeb telecoms editor.
Johannesburg, 24 Apr 2013
TopTV's second attempt at introducing pornography as part of its bouquet has succeeded.
TopTV's second attempt at introducing pornography as part of its bouquet has succeeded.

In what is a first for SA, TopTV has been granted permission to broadcast pornographic material via its satellite pay-TV platform.

The Independent Communications Authority of South Africa (ICASA) today announced it has given TopTV the green light for an adult offering by granting parent company On Digital Media's (ODM's) application to broadcast three adult content channels - Playboy TV, Desire TV and Private Spice - within the watershed period of 8pm to 5am.

"The authorisation of this application follows an extensive public consultation process which the authority undertook prior to granting the application by ODM."

ICASA says, as the broadcasting regulator, it upholds the view that there is no law of general application prohibiting the production and distribution of adult content in SA. "Only the production and distribution of child pornography is expressly prohibited by law."

TopTV's application, says ICASA, was approved on the basis that ODM ensures programming containing sexually explicit scenes, conduct and/or offensive language intended for adult audiences is not broadcast before the watershed period; and that all the security measures - including a double PIN code as set out in the application - are in place "to safeguard children's rights".

"The authority has also considered all submissions made in respect of this application from all interested stakeholders and it was found that most of the representations made were based on moral grounds, rather than research evidence to demonstrate some of the conclusive remarks linking pornography and gender-based violence. It is the authority's view that indeed there is no basis or law for the rejection of TopTV's application."

In conclusion, ICASA emphasises the authorisation for TopTV's adult package comes with "more emphasis" on the compliance with the licence terms and conditions, the Code of Conduct and all underlying statutes.

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