TopTV's second attempt to obtain a licence to broadcast 24-hour pornography channels on its pay-television platform has elicited an unprecedented response.
Broadcasting regulator, the Independent Communications Authority of SA (ICASA), says it has received a record 285 written submissions in relation to TopTV's latest pornography bid, more than any other channel authorisation application. This was over the period of about a month - since the application was gazetted in December to the close of submissions, late last month.
ICASA says the submissions are now being "analysed". The authority could not say what the next step would be, but says public hearings, if any are to take place, will be announced in due course.
Defending rights
Last month, a year after ICASA denied TopTV holding company On Digital Media's bid for authorisation to air adult content, TopTV announced it had submitted another application for a separate bouquet of three pornography channels to air 24 hours a day.
In what was a recurrence of last year's series of events, certain organisations and individuals lambasted the pay-TV operator, threatening nationwide boycotts.
It was also widely speculated that the move was made in a last-ditch effort to save the struggling company, which has been placed under business rescue. TopTV CEO Eddie Mbalo retorted with a categorical statement denying inferences that the company deemed pornography to be a business redeemer.
"Nothing could be further from the truth. It would be both na"ive and malicious to conclude that the granting of permission to broadcast channels would be sufficient to save a company that requires a capital injection."
He says the company is willing to listen to differing points of view, "but equally expect everyone to respect the democratic rights of all South Africans, including consumers who have expressed an interest in subscribing to such an offering".
Mbalo's argument is that SA's Constitution guarantees all citizens the right to read, view and consume material of their choice in the privacy of their own space, so long as that consumption is not in any way in contravention of the law. This right, he says, is as important a constitutional right as the right of all citizens to be protected from exploitation and abuse.
SA is not ready
One of the more outspoken parties against the broadcasting of pornography on SA's airwaves, the Family Policy Institute, says the consequences of 24-hour adult channels on TopTV could be dire.
Errol Naidoo, the institute's director, known for his staunch anti-pornography beliefs, says there are real life issues - such as the possibility of sexual abuse - that come into play. "It is not just about entertainment."
Naidoo says SA as a nation is not ready for broadcast pornography. He says there is "no doubt" that the majority of South Africans do not want pornography on TV, even if TopTV's bouquet will be PIN-protected. "There are kids out there hacking into global systems. Their curiosity will drive them to hack into porn channels as well."
Mbalo, on the other hand, says the company believes people are capable of choosing for themselves what they would like to view in the privacy of their homes, and that the vast majority of South Africans either welcome the prospect of adult television, or acknowledge the right of others to watch adult TV.
Naidoo says the danger lies in the fact that it is impossible to control "what kind of people" will watch the channels. "How many people that are perhaps not mentally stable are going to access TopTV's pornographic content?
"There is no guarantee. The only guarantee is not airing pornography."
Pro vs anti-porn
The unprecedented response against TopTV pornography has also been countered with a mass reaction via online forums and social media, with many advocating South Africans' democratic rights.
While the South African census has shown that over 75% of the population's religious views are in conflict with pornography, a number of South Africans are also advocating a principle of "to each his or her own" - even if they themselves do not partake in the consumption of pornography.
An anti-pornography faction that set up a Facebook page at the end of 2011 has elicited 27 likes.
Currently, the Films and Publications Act of 1996 makes pornography legal in SA in a limited capacity. Adult material may be purchased at specific outlets, which themselves fall under regulation by the overseeing body, the Film and Publications Board.
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