Court challenge for TV porn ruling

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Johannesburg - The Justice Alliance of SA (Jasa) on Tuesday said it had filed papers in the High Court in Cape Town to challenge Icasa's decision to allow three pornographic channels to be broadcast on TV after 8pm.

“Jasa believes that it is a step too far to introduce pornography to the family TV, which is usually in the only living room in the home,” Jasa said in a statement.

“Inevitably children will be aware of it, even if parents attempt to prevent them watching. The 8pm watershed period is absurd because teenage children settle down to watch TV at that time after doing their homework.”

Jasa said it was supported by applications brought by Cause for Justice and Doctors for Life.

Papers were filed in court in November last year.

“As advised by counsel, Jasa alleged that Icasa erred in law in failing to find that the constitutional rights of children were laws of general application, which should have trumped the rights to freedom of expression,” Jasa said.

“Furthermore, Jasa alleges that Icasa ignored their obligation... to consider the moral and spiritual implications of TV channels... .”

In April last year, the Independent Communications Authority of SA granted a licence to On Digital Media (operating as Top TV) to air three pornography channels.

The notice authorised On Digital Media to broadcast the three adult content channels Playboy TV, Desire TV, and Private Spice.

Top TV said the pornographic channels would be a separate package for subscribers, which required a separate monthly subscription, age verification, and other security features, such as a secure pin code.

The company said the decision by Icasa to grant it a licence to air three pornography channels was “a victory for democracy and freedom of speech”.

It said security measures would be put in place to ensure that only viewers who willingly subscribed to the channels had access to the pornography channels.

At the time, the Film and Publication Board (FBP) welcomed Icasa's decision.

The application would be heard on Monday by Judge Lee Bozalek.

Sapa


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