Doctors for Life have applied to the High Court North Gauteng (Pretoria) for the Review of the granting by ICASA (the Independent Communications Authority of SA brought into existence by statute) to ODM (On Digital Media (Pty) Ltd – the company owning StarSat TV formerly TopTV) – a licence to air television pay channels for the sole purpose of broadcasting pornographic material.
Court case over ICASA yes to StarSat Porn TV (press release)
The Application to Review the decision of ICASA and to set aside the decision to licence, was launched in the North Gauteng High Court on 27 January 2014 on the grounds, amongst others that:
- the procedure followed by ICASA to deal with the TopTV application was procedurally flawed and/or unfair;
- existing legislature that impacts on the decision to allow broadcasting of pornography on television was not taken into consideration;
- there is a real danger that children will have access to the 3 channels, as security measures put into place to control access to the channels are ineffective;
- pornography in any way broadcasted leads to increased violence against women and children and also affects the constitutional rights of women, especially the right to dignity;
- pornography is scientifically proven to be harmful to the brain, both for adults but especially for children, causing irreparable damage to the brain with destructive consequences for the individual and ultimately for society as a whole. It has an addictive effect on the human brain in much the same way as hard drugs, such as heroin, LSD and cocaine have, which is difficult to overcome without specialised and intensive treatment.
Subsequent to the bringing of the Application, negotiations have been taking place between the legal teams of ODM and the other respondents on the one hand, and Doctors for Life and the legal teams of two non-governmental organisations, JASA – who has brought an Application for Review against the decision of ICASA in the Western Cape High Court, and Cause for Justice – who has brought a similar application in the Gauteng High Court, on the other hand, to consolidate all three Applications in the Western Cape High Court. To allow for the lawyers involved to exchange documents and prepare the case for hearing, it is anticipated that the matter will be heard in that court in August 2014.
Doctors for Life International, represents more than 1400 medical doctors and specialists, three-quarters of whom practice in South Africa. Since 1991 DFL has been actively promoting sound science in the medical profession and health care that is safe and efficient for all South Africans. For more information visit: https://doctorsforlife.co.za
Tel: +27 (0) 32 481 5550 – [email protected] – PO Box 6613 Zimbali 4418 South Africa
Association incorporated under section 21 of Companies Act 61 of 1973 Reg. No. 2002/000258/08 – NPO Reg. No. 030-091-NPO
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