Doctors For Life is delighted with the outcome of the Court Application in the Western Cape High Court, challenging the licensing of On Digital Media T/A StarSat aka TopTV (ODM) to broadcast the first three porn channels ever in South Africa. This court case has come out on the side of women, children and families in South Africa who are the ones most harmed by pornography.
Even though we are fully aware that the Internet is by far the biggest provider of porn in South Africa, it does not justify adding three TV channels to the existing stream of smut pouring into the country (which is barely filtered in South Africa, other than in many western countries e.g. Britain and the USA). It is now well established scientifically that pornography is addictive and destructive to the human brain and especially to the brains of minors. As result sexual and related violence against woman and children is facilitated.
Judge Lee Bozalek upheld the challenge of DFL (and two other applicants CFJ and JASA) against ICASA’s decision.
DFL complained that ICASA had not considered the real effects of pornography and its addictive qualities on people, as a result of ICASA’s defective decision making process and the effect of committing a material error of Law, when it licensed ODM to broadcast pornography.
ODM forced DFL to defend its evidence of the harmful effects of pornography on all people and on woman and children in particular (DFL had the assistance of numerous international medical specialists on the effects of pornography including neurosurgeons, researchers and Psychiatrists and DFL’s evidence is based on well-established science) and to traverse the often paedophilic tendencies of the progenitors and promoters of pornography.
The Judge upheld the review ground that ICASA committed a material error of Law. The Judge found on the facts of ODM’s application to ICASA that Sec 24A(3) of the Film and Publications Act was a law of general application and in all the circumstances a criminal provision had been breached. Pursuing a criminal charge and prosecution is being considered by DFL.
Advocates Reg Willis and Albert Mooij appeared on behalf of DFL duly instructed by SJM Attorneys.
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]]>
