South African Court Hears Challenge to Approved Porn Channels

CAPE TOWN, South Africa—Serious accusations are being levied in Western Cape High Court by opponents of the plan to launch three adult content channels in the country, including the charge that the decision by South African regulator Icasa to approve licenses for the three On Demand Media channels—Playboy TV, Desire TV and Private Spice (now Brazzers), to operate between the hours of 8 p.m. and 5 a.m. only—was illegal. Other less technical arguments are also being made. Doctors for Life, for instance, told the court Tuesday that money rather than a desire to exercise free speech was the reason behind the launch of the channels.   "Reg Willis, for Doctors for Life, argued that the Independent Communications Authority of SA (Icasa) had granted the licenses to struggling On Digital Media (ODM) without understanding the 'dangers' behind porn," reported iol News, which quoted Willis as saying, “They have allowed a company who is in financial straits to come into the bedrooms, lounges and living rooms of the nation." Along similar lines, another opponent, Justice Alliance of South Africa, argued Monday that regulators had been misled about the type of content that would be broadcast on the channels, claiming that the actual fare is a lot harder than was presented. "It seems they acted under an illusion as to the true content they were authorizing," said Darryl Cooke from the group. And yet another opponent, Murray Bridgman from Cause for Justice, "raised other points in challenging the decision. These included inadequate procedure, and that pornography was an affront to the dignity of women and harmful to children and addicts." Today, however, Icasa countered these claims in court, arguing that its decision-making was sound and legal. "Icasa lawyer Paul Kennedy said the three Playboy channels that On Digital Media (ODM) asked to be licensed were in accordance with X18 rating of the Films and Publications Act and carried warnings at all times," reported Channel 24. "These are three mainstream channels which are permitted by the laws overseas and by the broadcasters," he told Judge Lee Bozalek, who is hearing the application for a review of Icasa’s decision. "Icasa was also entitled to take into account the fact that we have legislation here which deals with inappropriate, unacceptable, unlawful, impermissible forms of pornography." Cooke also noted that the licenses were not obtained via fraud, claiming, "If it had done so, this would have been a review ground and no doubt, our client would have been extremely concerned if there had been any fraud committed by ODM." The license for Private Spice, he added, had been amended when it was changed to Brazzers.