Top TV argues it has authority for porn launch

Top TV remains intent on launching its pornographic television channels to subscribers this week as it fights court action from the South African regulator. The satellite network, owned by On Digital Media, faces an application from the Independent Communications Authority of South Africa (Icasa) for an interdict to prevent it from launching the channels Adult XXX, Playboy Europe and Private Spice on 20 January. TopTV, however, argues that under regulations in effect since 2006, Icasa must issue a certificate authorising or refusing to authorise applications for additional channels within 60 days from the date of application. In an affidavit, On Digital Media argues it had made its application to Icasa on 13 September 2011 and that the regulatory 60 days had lapsed on 13 November, according to Business Day. The media company cites paragraph 3.5 of the Icasa regulations in the document: "If upon the expiry of the 60 day period contemplated in 3.4, the Authority has not issued a certificate the channel shall be regarded as having been authorised." Icasa disputes the interpretation reached by On Digital Media, and says TopTV must await the finalisation of its ongoing approval process prior to launching any new channels. The regulator is to hold a public hearing this week regarding the proposed porn channels, and expects to make a decision on their future by the end of January.