South
Africa's Independent Communications Authority will take legal action against
TopTV should the pay-TV broadcaster continue with its plan to launch three porn
television channels within the next few weeks.
On Digital Media, the company that owns TopTV, said last
month it would go ahead with the launch of the channels early
this month despite Icasa's objections.
It argued that the TV censor had not responded to its
application in the required three months and TopTV was therefore
legally entitled to go ahead.
However, Icasa last week maintained that it was illegal for
TopTV to proceed with the launch until the regulator had
finalised the application process.
If TopTV goes ahead with the launch we will have no option
but to obtain an interdict to stop them. We are waiting for
their response to our queries, Icasa spokesman Paseka Maleka
said. He added a public hearing on the issue would be held
within the next two weeks. Icasa would rule on whether or not it
would grant TopTV's application for the three new channels by
the end of the month.
Update: Court prevents porn starting before
the TV censor has finished deliberating
17th January 2012. See article
from mybroadband.co.za
The South Gauteng High Court has granted the
Independent Communications Authority of South Africa an urgent
interdict to stop a satellite TV operator rom going ahead with
its proposed porn channels. The company must now wait on the
deliberation by the TV censor.
TopTV wants to introduce a standalone porn package of
channels Adult XXX, Private Spice and Playboy Europe.
The TV censor's public hearings into the licence application
by On-Digital Media, owner of Top TV, have now begun in Sandton,
Johannesburg, where the year-old operator was not represented
despite being invited to respond and make presentations.
The misleadingly named Freedom of Expression Institute,
African Christian Democratic Party and the Film and Publication
Board have all opposed the launch.
Freedom of expression is not a pre-eminent right, and
especially not when it infringes on children's rights to be
protected from harm, spouted Pearl Kupe, on behalf of the
Christian Action Network: Putting in pin-blocking functions
presents very little challenge to the increasingly techno-savvy
generation, and I know this being a mother.
The African Christian Democratic Party said it was impossible
to build a strong nation with dysfunctional families, and
producers and distributors of pornography had shown contempt
for family values.
Freedom of Expression Institute's executive director, Elston
Seppie, said the right to freedom of expression was about
balance, ...BUT...the right of children, women and
family values should take precedence.
Update: Inevitably Banned
28th January 2012. See article
from xbiz.com
TopTV has lost its bid to provide South Africa with its
first-ever paid adult satellite programming.
South Africa's TV censor, the Independent Communications
Authority of South Africa (ICASA) has refused to allow the
company to broadcast softcore Playboy Europe, and
hardcore Private Spice and Adult XXX channels.
ICASA spokesperson, Paseka Maleka said the censor would
release the reasons for the denial wihtin the next 30 days.
In a letter to Reuters, ICASA said, We advise that the
Council of the Authority ... decided, after careful
consideration, to refuse On Digital Media (Pty) Ltd's
application for the authorization of (the proposed) video
channels.
Update: Inevitably Delayed
2nd March 2012. See article
from mybroadband.co.za
ICASA said it would provide grounds for its decision within
30 days, or by 27 February 2012.
However the TV censor did not deliver its justification by
the deadline, telling MyBroadband that the reasons are yet to be
approved by ICASA Council in the next week or so.
They are currently being vetted by ICASA Legal Department
and will therefore be released after approval by Council,
explained ICASA spokesperson Paseka Maleka.