DStv, the South African satellite pay-TV is considering broadcasting pornography in one if its channels or creating a new channel, Die Burger newspaper reports.
The newspaper reports that MultiChoice has been immersed with requests for adult entertainment on DStv.
Jackie Rakitla, general manager of corporate affairs at MultiChoice, is quoted as saying: At this stage we're merely doing research to determine the extent of interest in adult content, and we're looking at the feasibility of implementing such
MultiChoice is looking different broadcasting options, such as the broadcasting of mixed pornography - hardcore porn between 21:00 and 05:00 and soft porn between 05:00 and 21:00 – or hardcore porn 24 hours per day, or soft porn 24 hours
per day on DStv.
If DSTV went ahead with plans for a channel featuring pornographic content, it would be like pouring fuel on the fires of sexual abuse and exploitation , the Christian Action Network have claimed.
CAN international coordinator Taryn Hodgson said in a statement that considering the high incidents of rape, child abuse and sexual violence against women, it was unacceptable for DSTV to be be considering a porn channel.
Should DSTV introduce such a channel they would be supporting those that exploit, objectify and degrade women, she said: Porn violates women's constitutional rights to dignity and equality.
CAN has urged its affiliates, who are DSTV subscribers, to fill in the channel's online survey on the issue. Should DSTV go ahead with such a channel, the Christian Action Network will urge its affiliates to cancel their DSTV subscriptions,
South Afica's TopTV's bid to air TV porn channels was banned in part by the country's TV censor because it deemed women's rights and dignity outweighed the right to freedom of expression.
The Independent Communications Authority of South Africa (ICASA) released the reasons for its ban:
On the issue of balancing the rights of women to equality and human dignity with the right of freedom of expression, ICASA is of the view that the right of women to equality and human dignity overrides TopTV's right to freedom of expression, as
well as the rights of viewers to receive pornography on television in the home.
ICASA holds this view because it regards the consumption of pornography as one contributing factor, amongst others, to the normalization of violence against women in SA.
In its statement ICASA summarised:
The right of women to equality and human dignity overrides TopTV's right to freedom of expression, as well as the rights of viewers to receive pornography on television in the home.
TopTV's failure to take ICASA's public consultation process seriously damaged its application.
ICASA sees no reason to expand access to pornography given government's restrictions on the content through the Film and Publications Act.
Satellite pay-TV broadcaster TopTV is now seeking legal advice before deciding on their next move.
Can watching a couple of Rihanna videos really turn a girl into a knicker-dropping strumpet? We're experiencing a sexual counterrevolution that encompasses a backlash against women's sexual freedom. By Laurie Penny
An organisation calling itself Cause for Justice has filed papers at the high court in Pretoria asking for a review of a decision by the Independent Communications Authority of South Africa (Icasa) to allow StarSat to offer three pornographic
The organisation claims that in spite of overwhelming public opposition to the On Digital Media's application to broadcast the channels, the authority gave went ahead and gave it the nod anyway.
Cause for Justice says it has served the application on Icasa, On Digital Media, Icasa chairman Stephen Mncube , On Digital Media business rescue practitioner Peter van den Steen and communications minister Yunus Carrim. It claims Icasa's
decision should be set aside because the authority took irrelevant considerations into account while ignoring relevant ones. It also argues that Icasa committed reviewable errors of law and did not follow a fair administrative
process. In addition, the conclusions that Icasa reached were not rationally connected to the reasons given or to the information before it.
A morality and religious campaign group calls itself the Justice Alliance of South Africa (JASA).
In 2013 JASA started a legal case opposing the licensing of a satellite package of 3 porn channels by the South African licensing authority ICASA. That case will now be heard in court on 10th August 2014. Jasa claims that:
It is a step too far to introduce pornography to the family TV, which is usually in the only living room in the home. Inevitably children will be aware of it, even if parents attempt to prevent them watching. The 8pm watershed period is absurd
because teenage children settle down to watch TV at that time after doing their homework.
As advised by counsel, Jasa alleged that Icasa erred in law in failing to find that the constitutional rights of children were laws of general application, which should have trumped the rights to freedom of expression, Jasa said.
Furthermore, Jasa alleges that Icasa ignored their obligation. .. to consider the moral and spiritual implications of TV channels... .
Independent Communications Authority of South Africa (Icasa) will have to reconsider a decision to grant Top TV licences to broadcast three pornography channels.
The Western Cape High Court dismissed On Digital Media's application for leave to appeal a ruling that the communications authority must revisit its decision.
A previous court case had decided that the TV regulator had not considered a restriction on porn distribution found in laws pertaining to DVD distribution and the country's film censors.
Judge Lee Bozalek said he was correct in remitting a decision to license On Digital Media's porn channels back to Icasa rather than apply the discretion himself. He said it's not up to the court to sever the good from the bad with regard
to a decision to license three porn channels.
On Digital Media, operating as Top TV, was granted three licences in April last year to broadcast adult content pay channels. In its appeal application, On Digital Media said remitting the decision back to Icasa would lead to unnecessary delay,
prejudice and cost.
South Africa's Supreme Court of Appeal has dismissed a petition by On Digital Media (ODM) for leave to appeal a Western Cape High Court judgment that Icasa re-consider its decision to licence ODM's porn channels.
The court dismissed the petition on March 17, as there was no reasonable prospect of success.
On December 10 last year, the Western Cape High Court upheld an order to remit a decision on the licensing of the three porn pay channels back to the Independent Communications Authority of SA (Icasa).