THE Independent Communications Authority of South Africa (Icasa) might have erred when it authorized material for three adult content TV channels, the Western Cape High Court heard on Monday.Judge Lee Bozalek heard fresh submissions from applicants and respondents on Monday about whether the adult content needed to be sent back to Icasa to be reclassified. After listening to arguments, Judge Bozalek said: “It has emerged that (Icasa) missed a material fact and made an error in law. On Digital Media also intended to do a criminal act by airing the content and Icasa, in allowing that decision, must have been unlawful as well. At the initial hearing in August, On Digital Media and Icasa argued that section 24A(3) did not apply to On Digital Media and that Icasa need not take it into consideration. They said no “bad pornography” would be aired and if Icasa had refused to authorize the channels, it would have been acting contrary to Parliament’s intention and the statutory scheme. It appears as if Parliament’s intention was clear – it does not want to make X18 material available to the public other than in very specific circumstances. Icasa made a material error in law in disregarding this piece of legislation in reaching its decision.”. On Digital Media’s proposal is that rather than remitting the matter to Icasa to revisit, the court should vary the decision to deal with section 24A(3). The appropriate remedy in this case would be to remit the matter to Icasa, for various reasons – one being that Icasa may well reach a different decision, after considering section 24A(3).
http://www.iol.co.za/tonight/tv-radio/porn-plot-thickens-after-icasa-slip-up-1.1764524]]>
