The Independent Communications Authority of SA (ICASA) has confirmed it is appealing a Western Cape High Court ruling that earlier this month disallowed broadcaster On Digital Media (ODM) from airing hardcore adult content.
Spokesman Paseka Maleka confirmed this morning that the regulator would appeal judge Lee Bozalek's ruling, alongside with ODM, which lodged its appeal shortly after the 3 November decision. "The ICASA council has resolved to lodge an appeal against the judgement in the said case," Maleka says.
The application will be heard by Bozalek on 5 December.
Earlier this month, the High Court said ICASA had erred in issuing a licence to ODM's pay-TV service provider, StarSat, in April last year, allowing it to air 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.
Bozalek ruled the matter be remitted back to ICASA for reconsideration, after the regulator's licensing of the adult channels 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 earlier court proceedings, ICASA 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.
Market analysts have speculated the High Court's decision could potentially be a death blow for StarSat, as it cuts off a badly-needed revenue stream.
In contrast, ODM interim CEO Eddie 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."
However, it appears the company is continuing to struggle, as Mbalo this morning admitted it has not moved beyond the closing stages of the business rescue process, which it entered into in April 2013. The broadcaster is still in the process of applying for the transfer of ODM's electronic communications network services licence to Chinese equity partner StarTimes.
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