South African porn-lovers have been hit below the belt now that broadcaster StarSat has lost its licence to air raunchy television programmes during prime time.
Yesterday the Cape Town High Court refused StarSat leave to appeal an earlier judgment that revoked its licence to air porn on three channels after 8pm.
The licence for pornography channels Playboy TV, Desire TV and Private Spice was granted by the Independent Communications Authority of SA (Icasa) in April last year but non-profit organisation Justice Alliance SA hauled the broadcasting regulator and StarSat to court to have it revoked.
Last month Judge Lee Bozalek ordered Icasa to review its decision and awarded costs to the NGO.
Refusing leave to appeal, Bozalek said Icasa should be mindful of the vulnerability of children and suggested that broadcasting after midnight would be more appropriate.
Icasa earlier stipulated that the channels would have viewing restrictions that would include an age-verification mechanism such as a secure pincode.
But Justice Alliance SA argued that Icasa had not placed the constitutional rights of children above the right to freedom of expression.
StarSat may petition the Supreme Court of Appeal.