SOUTH AFRICAN MOMS: Tell The High Court “No More Porn in South Africa”

 

NICKOLAUS BAUER – Jan 14 2012 14:59

The South Gauteng High Court will only decide next week whether TopTV can launch three new pornography channels on January 20.

The Independent Communications Authority of South Africa (Icasa) brought an interdict application before Judge Ndawuyake Tshabalala on Friday, hoping to delay the independent broadcaster’s launch.

After lengthy arguments delivered by both parties’ legal counsel were heard until 7pm, Tshabalala announced his intention to rule on the matter “by latest Wednesday”.

The dispute relates to Icasa’s subscription broadcasting services regulations, specifically paragraphs 3.5 and 3.6. These regulations stipulate that Icasa must authorise or refuse applications for additional channels to be added to an existing bouquet within 60 days.

By November 13 2011, TopTV had received no response from Icasa about the application, which was made on September 13 2011.

The independent broadcaster argued regulations indicate that applications are approved by default if no response if forthcoming.

“If upon the expiry of the 60-day period contemplated in 3.4, the authority has not issued a certificate the channel shall be regarded as having been authorised,” reads paragraph 3.5.

Advocate Terry Motau SC, Icasa’s legal representative in the matter, maintained the body was still dealing with the application and needed more time for it to be “properly reviewed”.

“Within the South African context, the content of this proposed channel is unprecedented. The rights contained in the applicant’s broadcasting license are not enhanced by the missing of a deadline,” Motau argued.

 

 

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