Porn on TV appeal denied: broadcasting must stop immediately

starsatpornShortly after 10 am today, in the Western Cape High Court, Mr Justice Bozalek, dismissed an application by the Independent Communications Authority of SA (Icasa) and On Digital Media (ODM) for leave to appeal his ruling on the licensing of three porn pay channels.

He ruled that he correctly ordered last month that Icasa review its decision last year to grant ODM (owner of the struggling pay-TV broadcaster which was formerly known at TopTV and which later became StarSat) permission to broadcast porn after 8pm.

The Justice Alliance of South Africa (JASA), Cause for Justice and Doctors for Life (DFL), who took a brave and determined stand against pornography in SA by asking the court to strike down the porn broadcasting licence, were awarded their costs against both Icasa and ODM. 

The effect of the judgment is that broadcasting of the porn channels must cease forthwith as from today, reports JASA in a media release. 

In a short judgment the judge made it clear that the matter must go back to Icasa which is much better placed to consider the matter than the courts and he implied that pursuing leave to appeal would simply waste further time. He emphasised that Icasa must reconsider their decision in the light of his judgment (delivered on November 1) and this would involve considering the protection of children in the light of the true nature of the material being broadcast as it had come to light during the 5 day hearing. He suggested that if Icasa were minded to grant a licence it would certainly need to consider whether 12 midnight would not be a more appropriate watershed time. 

The Respondents’ options now are to petition the Supreme Court of Appeal or accept the Judge’s ruling and go back to Icasa. 

DFL says in a media release that it hopes that the court’s ruling sends a strong message to those who wish to bring pornography into the public domain, namely that there are many South Africans who strongly object to the spreading of pornography especially where there is a real danger that children will as a result be exposed thereto with the resultant detrimental effects on society at large.
 
African Christian Democratic Party (ACDP) Member of Parliament, Cheryllyn Dudley, welcomed the judgment. “We live in a country with an alarmingly high rate of sexual abuse, and young children who are involved in such acts often point to pornography as their source. In our view, pornography does not contribute positively to the building of a new South Africa and degrades women,” she said.
 
Advocate Darryl Cooke and Attorney Elana Hannington of Norman, Wink and Stephens appeared for JASA. DFL was represented by two advocates Reg Willis and Albert Mooij, instructed by attorney SJM Schneider & co.

8 Comments

  1. thank God that the lenient liberalism of our constitution has been overturned for the better

  2. AWESOME VICTORY FOR THE LORD!!!! HALLELUJAH!!! WELL DONE TO EVERY ONE WHO WAS OBEDIANT TO THE LORD IN HIS FIGHT AGAINST THIS EVIL OF SATAN’S!! AGAIN I SHOUT – WELL DONE EVERY ONE!!! THANK YOU JESUS!!!!!!!!!!!!!!!

  3. We will all win as a result of this judgement. May the answer continue to be ‘shut it down’ no matter how far they appeal.

  4. In Yeshua’s Name….victory!

  5. Assie Van der Westhuizen

    Praise the LORD!!! Let us pray for a total ban on these ungodly films, no matter the time of the day or night!

  6. GREAT WORK YOU GUYS…JESUS is PROUD of you for “sticking your necks out”. May HE get ALL THE GLORY

  7. Praise God! When we stand together as brothers and sisters in Christ the Body can rise and take ground for God. Team work and unity was key for this victory! We thank You Lord!

  8. Rue Jourdan-Oosthuizen

    This man certainly does not know the repercussions of porn for, anyone who does,and is human with a heart will not turn a blind eye to it.