The Western Cape High Court has set aside a decision made by the Independent Communications Authority of South Africa (ICASA) to grant On Digital Media (ODM) a licence to broadcast three pornographic channels via its pay-TV platform StarSat (formerly TopTV).
The presiding judge in a case brought against the regulator a year ago, ruled today that ICASA would have to review its decision to allow the introduction of SA's first pay-TV pornography offering - three adult channels, namely Playboy TV, Desire TV and Private Spice - within the watershed period of 8pm to 5am.
This comes about a year-and-a-half after ICASA gave ODM the green light - a move lauded by some as entrenching South Africans' constitutional right to the freedom of choice, and opposed by others on the premise that the content promotes immoral behaviour.
ODM's intention to broadcast adult content first came to light at the end of 2011, when the company revealed it had entered an agreement with Playboy TV and that it would bring three pornographic channels to the South African market "in the near future".
In November last year, the Justice Alliance of SA (JASA) submitted an application to the court for ICASA's decision to be reviewed in a bid to stop the broadcasting of pornography on SA's airwaves. The alliance was joined by two other non-profit organisations, Doctors for Life and Cause for Justice.
The review application case was heard for four days in August, during which time JASA argued that ICASA had been misled into believing StarSat's adult channels would show "conventional" sexual content, but that this was not the case.
The organisation said the channels' content was such that it would promote unsafe sex and infidelity. JASA said ICASA had unlawfully granted StarSat its licence to broadcast adult content.
Regarding today's ruling, which comes just over two weeks after the High Court reserved judgment on the matter, ICASA spokesperson Paseka Maleka says the regulator accepts the court's decision and will abide by it. "The authority will have to study the judgment and apply its mind thereof."
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