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Court rejects porn appeal application

Martin Czernowalow
By Martin Czernowalow, Contributor.
Johannesburg, 10 Dec 2014
On Digital Media's application for leave to appeal against a ruling that stopped it from airing adult content is rejected.
On Digital Media's application for leave to appeal against a ruling that stopped it from airing adult content is rejected.

Broadcaster On Digital Media's (ODM) application for leave to appeal against a court ruling that stopped it from airing adult content has been rejected by the Western Cape High Court.

After hearing the appeal on Friday, judge Lee Bozalek today ruled his decision that the Independent Communications Authority of SA (ICASA) must review its resolution to license ODM's three hardcore adult channels was correct.

In April last year, ICASA issued three licences to ODM to broadcast Playboy TV, Desire TV and Private Spice, via its pay-TV platform StarSat. However, this decision was challenged by the Justice Alliance of SA, Doctors for Life, and Cause for Justice, on the basis that ICASA erred in making its decision.

Last month, Bozalek ruled the matter be remitted back to ICASA for reconsideration, ordering ODM to stop broadcasting the hardcore content immediately, and both ICASA and the broadcaster were ordered to pay the applicants' legal costs.

The broadcaster's adult channels started airing in November last year as a standalone StarSat adult TV package, at a subscription fee of R159 per month.

ODM interim CEO Eddie Mbalo said that the company's lawyers are currently studying the judgement and that he would comment at a later stage.

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