Broadcaster On Digital Media (ODM), which yesterday lost its application for leave to appeal against a decision that pulled the plug on its adult content offerings, said this morning it is not sure whether it will have another go at showing X-rated content on TV.
"We are currently doing the necessary consultations and holding briefings with our lawyers. We have some idea, but we need to dot all the i's and cross all the t's before making a decision whether to proceed with another attempt or to abandon it," said ODM interim CEO Eddie Mbalo.
The Western Cape High Court yesterday ruled its earlier decision - that the Independent Communications Authority of SA (ICASA) must review its decision 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, judge Lee 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.
Mbalo has long rejected the idea that the embattled broadcaster - which is currently stuck in the final phase of its business rescue process - is leaning on its porn offerings as a lifeline that provides a revenue stream, allowing the company to survive.
"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," he stated previously.
However, market observers have repeatedly stated that the company - like many other ailing broadcasters across the world - is most likely including adult content as a necessity to bulk up its earnings.
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