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from www.businessday.co.za – TOPTV yesterday suffered a potentially fatal blow to its plans to launch three porn channels, with Judge Ndawoyakhe Tshabalala upholding the Independent Communications Authority of SA’s (Icasa’s) application for an urgent interdict to stop the launch planned for Friday.

The pay-TV broadcaster’s decision to boycott Icasa’s public hearing yesterday may also have backfired as opponents had free rein to argue against the application.

TopTV’s parent company, On Digital Media, has been at odds with Icasa since it announced it would launch its porn TV without Icasa’s consent. In a marathon high court session in Johannesburg on Friday, counsel for both sides presented their cases to Judge Tshabalala, who reserved judgment until tomorrow.

TopTV said it based its decision to launch the channels without permission on Icasa’s Subscription Broadcasting Services Regulations, which state that Icasa has to issue a certificate authorising or refusing applications for additional channels within 60 days of the application.

Icasa disputed this interpretation, saying TopTV had no right to launch the new channels until it had finalised its processes.

Judge Tshabalala unexpectedly called both sides yesterday and upheld the interdict. He has yet to provide reasons.

In response, TopTV said: ” The judge made an order … granting an interdict against TopTV but did not provide the detailed reasons in the form of a judgment of the court. Until such time that we have received the full judgment … we will not be in a position to comment.”

Icasa spokesman Jubie Matlou said Icasa was happy with the ruling. “It will allow Icasa to embark on a due process in terms of inquiring whether or not to authorise TopTV’s application,” he said.