Cape Town -
A Cape Town-based organisation has lodged a court application to prevent the airing of three pornographic TV channels.
The Justice Alliance of South Africa (Jasa) filed papers at the Western Cape High Court on Friday. In an affidavit, Jasa executive director John Smyth said it appeared the channels – Playboy TV, Desire TV and Private Spice – would be available to subscribers on Top TV from December 1.
According to the papers, the application did not constitute legal proceedings against Top TV, but rather broadcasting regulator Icasa (the Independent Communications Authority of South Africa).
Jasa was challenging a decision taken by Icasa on April 23, which effectively allowed the channels to be broadcast within a certain time slot at night. In order to access the channels, viewers also needed a subscription separate from their main service and a double pin code.
But Smyth contended that the decision had been taken “arbitrarily” because while certain irrelevant considerations were taken into account, more relevant considerations hadn’t been.
He believed Icasa should have refused Top TV’s application, citing parts of the constitution, including a section involving the rights of children, to support his argument, as well as the Icasa Act, the Broadcasting Act and the subscription broadcasting services regulations.
“Jasa submits that the broadcasting of channels which are harmful to children is self-evidently neither in the public interest, nor is fairness ensured thereby,” Smyth’s affidavit read.
He added that the broadcasting of pornographic channels did not contribute to the development of society but rather sought to “undermine gender equality and weaken the spiritual and moral fibre of society”. Jasa further took issue with the time slot within which the channels could be broadcast, known as the “watershed period”.
In terms of the Broadcasting Complaints Commission of South Africa’s code of conduct for subscription services, this period was between 8pm and 5am.
Smyth argued in his affidavit that most children, from about the age of 10, watched television after 8pm. In addition, children were technologically savvy and it was unrealistic to expect that a security code would stop them from gaining access to the channels.
Jasa has now asked the court to review Icasa’s decision. If the court found the decision was not reviewable, it would then challenge the constitutionality of the subscription broadcasting services regulations and the Icasa Act.
The organisation has also asked the court for permission to commence the application because Top TV is under business rescue and the business rescue practitioner had not consented to the launch of the court bid.
Attorney Elana Hannington, representing Jasa, explained that in terms of the Companies Act, legal proceedings may be commenced against a company in business rescue with the written consent of the business rescue practitioner or, alternatively, with the leave of the court.