TopTV needs to register as porn distributor: FPB

·30 Apr 2013

TopTV must register with the Film and Publications Board (FPB) as a “distributor of sexually explicit content” now that it has received permission from the Independent Communications Authority of South Africa (ICASA) to broadcast three porn channels.

This is according to a spokesperson for the FPB, who was answering questions regarding the board’s recent presentation to the home affairs parliamentary portfolio committee.

In the presentation, FPB CEO Yoliswa Makhasi remarked that they believed that TopTV’s application to broadcast adult content would test the current legislation in relation to the interaction between ICASA and the FPB.

Thoko Mpumlwana, chairperson of the FPB said that TopTV exercised its right as a broadcaster, but simultaneously the Board had the mandate to regulate such content.

According to Mpumlwana, the paramount consideration for FPB was that the rights of children were not infringed, adding that the FPB took an uncompromising stance on that aspect.

The spokesperson for the FPB explained that under section 18 of the Films and Publications Act (Act 65 of 1996), read with section 24(A), requires that distributors of Sexually Explicit content which may be classified as X18 must register with the FPB and must also be holder of a licence to conduct the business of adult premises (broadcasting).

Asked whether Etv had registered with the FPB in this manner, the spokesperson said that the content currently broadcast on the channel is not X18 rated, and as such they don’t need to register as a distributor of sexually explicit content.

The FPB did not respond when explicitly asked whether Etv had ever registered with the FPB as a distributor of porn, however.