Leila Samodien
Justice Writer
CONTENT for three adult television channels will be “mainstream-type pornography” that has been authorised overseas, according to a lawyer for the Independent Communications Authority (Icasa).
Advocate Paul Kennedy, SC, told the Western Cape High Court yesterday that the authority had been given assurances about what was to be broadcast.
The channels, he said, were to be mainstream channels showing legal pornography that had been authorised by similar bodies in Europe.
There were no reasons to believe the content was “undependable” or “dangerous”.
He was acting for Icasa in a court challenge of the authority’s decision to allow On Digital Media (ODM) to air adult content on three channels subject to certain conditions.
In April last year Icasa effectively authorised ODM to broadcast the channels within a certain time slot at night.
Viewers would need a subscription separate from their main service to view the channels. Other security features included a double-pin code.
Icasa’s decision is being challenged by the Justice Alliance of SA (Jasa), Cause for Justice and Doctors for Life International, whose applications have been consolidated and heard together.
Judge Lee Bozalek heard argument for a second day yesterday.
On Monday, advocate Darryl Cooke, acting for Jasa, said the authority had been informed that the content to be broadcast on Private Spice (now rebranded as Brazzers TV) would involve loving couples in relationships and that Icasa seemed to have “acted under an illusion as to the true content” it was authorising.
Kennedy, however, said there was nothing to show Icasa that ODM’s assurances could not be taken seriously.
In the court papers, there was no intent apparent by ODM to mislead Icasa, he said.
Kennedy further argued that it was not Icasa’s function to “police” the content.
If there had been breaches, he said, or breaches occurred in the future, there were mechanisms to deal with them.
He said it appeared there were some who believed that any pornography involving women was degrading to women; however, that was not for Icasa to decide.
Complaints could be sent to the Broadcasting Complaints Commission.
Kennedy also responded to allegations of inadequate procedure and the contention that Icasa had made an “error of law” in its approach in authorising the channels.
Kennedy is yet to complete his argument, after which advocate Steven Budlender is expected to argue for ODM.
The case continues today.