Correction
The Free Society Institute appeared at the 14 March public hearings in support of TopTV's application to offer an adult package, not in opposition as previously reported. ITWeb apologises for the oversight.
The Justice Alliance of SA (JASA) - a coalition that "fights for morality and justice in SA" - has submitted a court application in a bid to stop On Digital Media (ODM) going ahead with the launch of its new pay-TV service StarSat's pornography package next month.
JASA says it filed papers against TopTV parent company ODM and the Independent Communications Authority of SA (ICASA), in the Western Cape High Court. The organisation hopes its court action will prohibit the planned launch of Playboy TV - three adult content channels - on 1 December, even though it has been approved by the authority.
"As advised by counsel, JASA believes 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 of Top TV to freedom of expression.
"JASA also contends that fixing a watershed time of 8pm flies in the face of common sense, bearing in mind that most teenage children finish their homework at about 8pm and then watch TV for an hour or two until bedtime."
The alliance has requested that the court reviews ICASA's findings and sends the matter back to the regulator to apply the law correctly.
ICASA granted ODM the right to offer TopTV (at the time) customers a pornography package in April - under certain conditions, including security measures and limited broadcasting times. The authority's decision allows ODM to broadcast the package - consisting of Playboy TV, Desire TV and Private Spice - from 8pm to 5am daily.
This followed the a fight by the pay-TV provider that went on for over a year and was, in fact, the company's second attempt at introducing porn to its packages. "The authorisation of this application follows an extensive public consultation process, which the authority undertook prior to granting the application by ODM," said ICASA.
A public hearing on 14 March saw the Family Policy Institute, African Christian Democratic Party, Doctors For Life, Africa Christian Action, Shofar Christian Church, Active for Jesus, and Evergreen Parenting opposing the introduction of pornographic content to SA's airwaves.
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