THE Independent Communications Authority of SA (Icasa) will take legal action against TopTV should the pay-TV broadcaster continue with its plan to launch three porn television channels within the next few weeks.

On Digital Media, the company that owns TopTV, said last month it would go ahead with the launch of the channels early this month despite Icasa's objections.

It argued that the regulator had not finalised its application in the required three months and TopTV was therefore legally entitled to go ahead.

However, Icasa last week maintained that it was illegal for TopTV to proceed with the launch until the regulator had finalised the application process.

"If TopTV goes ahead with the launch we will have no option but to obtain an interdict to stop them. We are waiting for their response to our queries," Icasa spokesman Paseka Maleka said.

He said the regulator had received "a number" of submissions as well as petitions from individuals and organisations.

Mr Maleka said a public hearing on the issue would be held within the next two weeks. Icasa would rule on whether or not it would grant TopTV's application for the three new channels by the end of the month.

TopTV spokeswoman Melinda Connor said the broadcaster could not yet provide a date for the launch of the porn channels.

The latest bid to get porn onto South African television screens comes just months after leading pay-TV broadcaster MultiChoice decided to can its foray into adult TV after widespread objections from the public.

Calls for a boycott of TopTV have also surfaced since its announcement, despite the company assuring subscribers that the porn offerings would require a completely separate subscription from normal bouquets.

On Digital Media said the porn channels would carry a strictly enforced adult restriction. They would be accessible only as a secure, encrypted and separate subscription package on the pay-TV platform.

Potential subscribers would need to provide proof that they were over the age of 18, and viewing of the channels would require a unique four-digit PIN code.

TopTV, which was launched in 2010, has bouquets starting at R99 but has faced intense competition from MultiChoice, which has cornered many aspects of the market, especially sport, new movies and hit TV shows.

At the time of its launch in 2010, On Digital Media CEO Vino Govender acknowledged that the company was up against strong competition. Media reports last year indicated that TopTV had surpassed 300000 subscriptions by November.

Mr Govender said this was 60% of the subscriber base it needed by the end of April next year to remain viable.

Venturing into pay-TV pornography could therefore prove invaluable to the company's growth ambitions.

neethlingt@bdfm.co.za