'Sex galore despite court ban'

17 December 2014 - 02:11 By Philani Nombembe
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The fight to stop StarSat from broadcasting pornography during prime time has only just begun.

Despite a recent Cape Town High Court judgment that revoked its licence, Justice Alliance of SA (Jasa) claims the broadcaster is still flooding three of its channels with raunchy material.

"Jasa believes that On Digital Media [ODM, operating as StarSat] are flagrantly in contempt of court and cocking a snook at the law because the courts have risen for Christmas. Perhaps they have forgotten that both criminal and civil sanctions apply to those who break the law," the NGO said.

Last week StarSat lost its bid to appeal against an earlier ruling that ordered the Independent Communications Authority of SA (Icasa) to review the licence. Jasa said the ruling rendered the licence invalid and meant StarSat could air its programmes only if it took the matter to a higher court.

In a letter sent on Monday to Bowman Gilfillan, legal counsel for StarSat, lawyers Darryl Cooke and Elana Hannington for Jasa accused the broadcaster of contempt of court.

"Should your client fail to stop broadcasting the three channels forthwith, our client intends taking the necessary steps to ensure compliance, including urgent contempt of court proceedings," they said.

Refusing leave to appeal, Judge Lee Bozalek said Icasa should be mindful of the vulnerability of children, and suggested broadcasting after midnight would be more appropriate.

The licence for Playboy TV, Desire TV and Private Spice was granted by Icasa in April last year but Jasa hauled the regulator and ODM to court to have it revoked.

Jasa argued that Icasa had not placed the rights of children above the right to freedom of expression.

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