TV porn case back in court

An application by the Justice Alliance of SA to overrule the decision by Icasa to allow the broadcasting of three pornographic channels on TV after 8pm will resume in the Western Cape High Court on Thursday.

On Wednesday, Steven Budlender, for On Digital Media, said it was up to Parliament to make sure all rights are balanced in considering issues around pornography.

He was arguing why the Independent Communications Authority of SA (Icasa) had little power to refuse legitimate applications to broadcast pornography.

He said Parliament was responsible for balancing rights by enacting or amending legislation.

Icasa granted three licences to ODM (operating as Top TV and later StarSat) last April to broadcast Playboy TV, Desire TV, and Brazzers, subject to conditions.

The Justice Alliance of SA (Jasa), Cause for Justice and Doctors for Life had consolidated their challenges of Icasa’s decision and the procedure it used to reach that decision.

These bodies had argued various points since Monday, including that Icasa had the discretion to refuse applications and that children could well be exposed to the pornographic material.

On Monday, Cause for Justice argued that the licensing of the channels amounted to a contravention of the Sexual Offences Amendment Act and the Films and Publications Act.

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TV porn case back in court