The Independent Communications Authority of SA (Icasa) did not follow procedure when deciding to allow three pornographic channels on local television, the Western Cape High Court heard on Monday.<\/p>\n
Administrative justice had not been promoted and Icasa’s decision should thus be struck down, Murray Bridgman argued on behalf of non-profit organisation, Cause for Justice.<\/p>\n
He said pornography was an issue that impacted on the community as a whole and on the constitutional rights to dignity, equality and security.<\/p>\n
“[There was] one public hearing, one city, one day. Not good enough,” he said.<\/p>\n
“There should have been meetings in each of the nine provinces and there should have been a far greater level of engagement.”<\/p>\n
Cause for Justice, Doctors for Life, and the Justice Alliance of SA are challenging Icasa’s decision last April to grant a licence to On Digital Media (operating as Top TV and later StarSat) to air the porn channels.<\/p>\n
The licence was granted on condition that the three channels be offered as subscribed packages with age verification and other security features.<\/p>\n
Bridgman said Icasa’s advert in the Government Gazette inviting public comment did not even mention that the channels were to broadcast porn.<\/p>\n
If the public wanted to view the application, they had to make a photocopy at Icasa’s library in Johannesburg.<\/p>\n
Judge Lee Bozalek said that despite this, over 600 people had made written submissions as a result of the advert.<\/p>\n
“If this had been done right, there would have been 1,649 objections,” Bridgman rebutted.<\/p>\n
He said the public hearing in March last year gave inadequate time to objectors and denied the Films and Publications Board the chance to make oral submissions.<\/p>\n
Icasa’s special committee was criticised for not appointing experts and inspectors to investigate the content of the porn channels and make sure it abided by certain criteria.<\/p>\n
Bozalek countered that inspectors could not examine all material in anticipation as it was impractical.<\/p>\n
The matter has been set down for argument until Wednesday.<\/p>\n
Porn channels face new court challenge<\/strong><\/a><\/p>\n Why ICASA blocked TopTV porn<\/strong><\/a><\/p>\n