Subscribe

ODM wants its porn back

Martin Czernowalow
By Martin Czernowalow, Contributor.
Johannesburg, 10 Nov 2014
ICASA has yet to decide whether it will appeal the High Court ruling on StarSat adult content.
ICASA has yet to decide whether it will appeal the High Court ruling on StarSat adult content.

On Digital Media (ODM) - the parent company of struggling pay-TV service StarSat - has lodged an appeal against the recent Western Cape High Court ruling that effectively pulled the plug on the broadcaster's porn channels.

The High Court last week found the Independent Communications Authority of SA (ICASA) had erred in issuing a licence to StarSat in April last year, allowing it to air hardcore pornography on television, via three dedicated channels - Playboy TV, Desire TV and Private Spice. These started airing in November last year as a standalone StarSat sex TV package, at a subscription fee of R159 per month.

This comes after ICASA's decision was challenged in court by non-profit organisation the Justice Alliance of SA (Jasa), and supported by Cause for Justice and Doctors for Life.

In his findings, judge Lee Bozalek ruled the matter be remitted back to the second respondent (ICASA) for reconsideration.

In earlier court proceedings, the regulator conceded it had failed to appoint experts to study StarSat's porn plan, as Jasa argued the proposed adult content - as presented to ICASA - differed substantially to what was ultimately aired by the broadcaster. It was also found ODM had failed to register with the Film and Publications Board as a purveyor of adult content.

ICASA undecided

This morning, ODM interim CEO Eddie Mbalo said the company has already lodged an appeal, based on the belief that a different judge could have come to a different decision on the matter.

Meanwhile, ICASA spokesperson Paseka Maleka says the regulator is still mulling its next move. "The ICASA council is yet to resolve on whether an appeal should be filed or not."

Market analysts speculate the High Court's decision could potentially be a death blow for StarSat, as it cuts off a badly-needed revenue stream.

However, Mbalo previously denied StarSat was relying on its porn offerings as a means to survive in SA's uncompetitive pay-TV landscape. "It's far from the truth to say that we are doing this as a means to save the business. We are fighting for the principle that South Africans should have the right to watch whatever they want in their homes.

"In this, I think we have succeeded."

Share