TopTV has taken note of recent articles in the media that make reference to a new service identified as PSat.TV, which intends to launch an adult service from January 2012 (
http://www.channel24.co.za/TV/News/24-hour-porn-channel-in-SA-in-Jan-20111204).The said article makes reference to TopTV’s existing services and satellite dish receivers.
TopTV would like it placed on record that it is not currently nor has it been in the past, in any discussions with PSat.TV regarding an adult content channel to be carried via the TopTV platform, nor is it in any way associated with PSat.TV.
Fair enough. Stop there, though. TopTV is not aware of, and neither has it approved
|Ooooh, since when do you have to approve international channels? Overstepping your boots a little?|, the channel referred to in the newspaper article, nor has such a service been discussed with or condoned
|Aah, the religious mentality comes out again - you have to condone what other people do.| by TopTV.
We are not aware that PSat.TV has applied for or been issued with a broadcast licence from the country’s broadcast regulator, ICASA (Independent Communications Authority of South Africa). In this regard, it would appear that the PSat.TV service is being distributed illegally
|LIE #1! ICASA has ZERO jurisdiction over what a European satellite 36 000 km above the Atlantic Ocean broadcasts, and to where it broadcasts. Wouldn't this be an International Telecommunication Union issue?| and in contravention of the applicable laws
|there are none| whilst also negatively impacting on the operation of TopTV
|Welcome to capitalism|. This PSat.TV service is definitely not part of the TopTV channel offering,?
|because we don't know how to specify the appropriate character set| says Marius Liebenberg, Senior Vice-President: Sales and Marketing of TopTV. ?The service proposed by PSat.TV would amount to a subscription broadcasting service and to conduct such without a licence would be in contravention of section 7 of the Electronic Communications Act 36 of 2005, as amended
|LIE #2. This would not apply if the subscription service provider is not in South Africa.|.
Whilst PSat.TV urges subscribers to disconnect their TopTV decoders, it fails to inform consumers that such an action is unlawful
|Outrageous LIE #3. According to the subscriber terms and conditions, the subscriber owns all of the equipment except for the smart card. Subsidy or not. A subscriber has the right to connect their dish to their washing machine, should it suit them| . Subscribers would be conducting an unlawful service
|LIE| infringing on TopTV’s rights
|LIE| as they would be using TopTV’s infrastructure
|LIE| without the necessary authorisations
|None necessary or existing|. Further, this would entail unlawfully using a portion of the downlink spectrum
|LIE| that has solely been authorised for use by TopTV
|LIE. The spectrum is divvied up according to a lease with the satellite provider, and Astra is not about to "steal" any of what you are hiring. There is more space available. You don't own it. This is like Wimpy complaining that McDonald's is going to hire an empty store in the same mall.| Without a spectrum licence from ICASA (Independent Communications Authority of South Africa)
|which it doesn't need, and you know it, or should|, PSat.TV would be operating unlawfully
|LIE|.
PSat.TV is misusing and misrepresenting the TopTV brand in the market place. We have already made urgent submissions to the relevant industry bodies and regulators and will be launching legal proceedings against PSat.TV, states Liebenberg.
TopTV’s holding company, On-Digital Media (Pty) Ltd, has submitted an application to Icasa for the authorisation of three additional video channels, with the intent to broadcast adult content on these additional channels. They will carry a strictly enforced R18 age restriction, and will only be accessible as a secure, encrypted and separate subscription package on the pay-TV platform.
The additional channels will carry the highest degree of security and, because these are only available as a separate subscription, will not otherwise be accessible to the TopTV subscriber. Potential subscribers will need to provide proof that they are over the age of 18, and viewing of the channels will require the input of a unique, four-digit PIN code to access the content. Subscription to the channels will require a conscious financial decision by the subscriber.
Television viewers have the right to choose what content they view in the privacy of their own homes. By offering these channels on a secure and encrypted pay-TV platform, it will not be possible for the three additional channels to be viewed inadvertently by TopTV subscribers, explains Liebenberg.
Recent research has shown that there is a definite market for adult content and channels among South African television viewers. As a pay-TV operator, we are constantly reassessing the market. We have established that there is a niche market for such a service and are ensuring that we offer it to potential subscribers in a responsible and secure environment, comments Liebenberg.
|Oh, and also “We are running our business with strong Christian ethical codes and we are not planning to introduce a porn channel. Besides, we don't want to poison the minds of millions of SA children out there.” ~ Vino Govender, ODM CEO, March 2010, just by the way.
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