The Justice Alliance of South Africa (JASA) has turned to the courts in a bid to stop Top TV from broadcasting pornography. TheMediaOnline reports.
JASA, a non-profit organisation, describes its key objective as follows: to take all lawful and proper steps to uphold and develop Judeo-Christian values, and the Constitution and laws of the Republic of South Africa, by means of litigation in the courts, submissions to Parliament and assistance to members of Parliament, involvement in the media, and in any other appropriate way”.
In this case, the “appropriate way” seems to be the courts, where JASA will be arguing that pornography could lead to violent sexual behaviour and be harmful to children.
It launched a court bid on Friday, November 8, in what it calls a “semi-urgent” application to prevent Top TV from starting to broadcast pornography from December 1.
“JASA was initially under the impression that Top TV would not launch the pornographic channels until the business rescue proceedings had been completed,” it says in court papers.
However, JASA has since discovered that this was not the case.
“It is now apparent that Top TV intends rebranding itself as ‘StarSat’ and revised programme bouquets will be available to subscribers from 1 December 2013.
“It appears from reports in the media that the pornographic channels will be available from this date, and will run from 8pm to 5am daily.”
The respondents in the case are the Independent Communications Authority of SA, On Digital Media — the owners of Top TV, the minister of communications and Top TV’s business rescue practitioner, Peter Francois van den Steen.
According to JASA, Icasa is required in terms of Section 192 of the Constitution to regulate broadcasting in the public interest and to ensure fairness and a diversity of views broadly representing South African society.
JASA in its court papers cites three grounds upon which it believes the court should review Icasa’s decision to permit Top TV to broadcast pornography on three channels
Firstly, it says that despite Icasa accepting “factual findings” that certain men become more sexually violent toward women if they are exposed to pornography; that pornography created the risk of rape; and that many serial rapists were involved in pornography; the broadcasting regulator still gave Top TV the green light.
“Icasa concluded that there is no evidence to demonstrate that pornography is a direct cause of gender-based violence in South Africa… However, this conclusion is not rationally connected to the information before Icasa,” JASA says in court papers.
Secondly, JASA argues that Icasa should have refused the application because it would allow the broadcasting of channels which harm children.
“JASA submits that the broadcasting of pornographic channels does not contribute to the development of society and in fact serves to undermine gender equality and weaken the spiritual and moral fibre of society.
Thirdly, JASA argues that the so-called watershed period during which Icasa allowed Top TV to broadcast pornography — from 8pm to 5am, would guarantee children protection.
“JASA submits that pornographic channels, such as those which Top TV applied to broadcast, are extremely unsuitable for children.” It cites studies that the average bedtime for children aged about 16 is 10.30pm.
“Significant percentages of children between the ages of 10-19 watch television after 8pm.”
“It would appear that in allowing the broadcasting of the pornographic channels after 8pm, Icasa did not have regard to the large percentages of children who watch television after 8pm, and who are awake until about 10.30pm.
The court papers were filed in the Western Cape High Court, which has not yet ruled on the matter.
