Sun Sep 25 22:50:13 CAT 2016

Porn TV a criminal offence, court hears

By Sapa | Aug 12, 2014 | COMMENTS [ 67 ]

The licencing of three pornographic television channels is a contravention of two criminal statutes, not-for-profit organisation Cause for Justice told the Western Cape High Court on Monday.

Their advocate Murray Bridgman argued that the Independent Communications Authority of SA (Icasa) had contravened the Sexual Offences Amendment Act and the Films and Publications Act when granting the licences.

Regarding the sexual offences act, he said On Digital Media (ODM), operating as Top TV and later StarSat, had admitted it was likely or may well happen that children would view their pornography.

"That is the form of legal intent known as dolis eventualis," he said, explaining that a party could be held guilty where they knew the outcome of their actions would cause harm.

He said the extremely resourceful child would be able to bypass the required pin and other security features for the subscription channels.

This amounted to contravening section 19 of the sexual offences act, which dealt with exposure to or display of pornography to children.

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 to air Playboy TV, Desire TV, and Private Spice (rebranded as the Brazzers channel).

The licence was granted on condition that the three channels be offered as subscribed packages with age verification and other security features.

Bridgman said ODM was also contravening the Films and Publications Act by exposing X18 content to children.

"If ODM is challenged for contravening the act, doubtless they will say we are doing so under government licence... we are not guilty."

He argued that it was therefore imperative to revoke the licences for the safety of children, especially those in unordered and unprotected households.

Bridgman added that while the courts treated pornography as a protected form of expression, it had relatively little constitutional value and was outweighed by the needs to protect vulnerable groups.

The matter has been set down for argument until Wednesday.

 

COMMENTS [ 67 ]

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Mapholobakay1

Let Porn be. If it was to be scrapped on basis of children you might as well abandon your arguments. In Larry Flint's own words..."If a child is found drinking booze, you don't go around closing all liquor stores." (well, something like that)Children will be forever be inquisitive especially around the things that are concealed like guns, liquor,cigarette and porn stash.

Aug 12, 2014 8:37 | 0 replies

ytieduniS

"He said the extremely resourceful child would be able to bypass the required pin and other security features for the subscription channels." - Hehehe, a non-resourceful child would merely access porn via the internet.

Aug 12, 2014 8:37 | 1 replies

kakarana

So true but that does not mean the decision should not be challenged. To tell the truth porn is not good at all for the underaged. They are inexperienced (they will not consider using protection, do it prematurely, ect). It should actually be watched only in the cinemas or adult shops.

Aug 12, 2014 8:56 | 1 replies

ytieduniS

kakarana - Yeah, its a good point. But I think the horse has bolted many years ago. Now we have school kids making their own porn video's. If you have data on your phone, then you have access to porn.

Aug 12, 2014 9:2 | 1 replies

kakarana

"It should actually be watched only in the cinemas or adult shops." Internet excluded too

Aug 12, 2014 9:4 | 1 replies

kakarana

If they haven't seen it anywhere how would they have guts to create their own? Well then they have to practice first. Would they know they are doing the right thing?

Aug 12, 2014 9:6 | 0 replies

Hutton

problem is that these kids are very active.. if they see something being hidden from them, they start scratching.

Aug 12, 2014 9:0 | 0 replies

maneater

i support the bannignof these channels, porn has a potential to addict even for adults so we must strive as much as possible shield children from it. the fact that the children can access it illegaly though other mediums does not make it alright to open it. to me the benefits of not oppening these channels far outweighs the benefits of oppening it!

Aug 12, 2014 9:3 | 1 replies

D-zel_3.0

OK, one step at a time; what harm do you think porn causes besides the fact that you were or are a porn addict?

Aug 12, 2014 9:23 | 0 replies

Rest-In-P*ssy

mxm this porn on etv is kak mxm we want the real thing and r willing to pay for that channel don't deprive us for wanting porn.

Aug 12, 2014 9:18 | 0 replies

D-zel_3.0

Someone please explain how kids can watch swearing, robbery, violence, murder, death and even nudity without turning into psychos but lord forbid they watch two people having sex then the sky is going to fall and the world will come tumbling down.

I understand why parents wouldn’t want to expose kids to sex at a young age but come on, dolus eventualis…LOL?

I challenge these three organisations to watch dedicated kid channels on DSTv and they must tell me what they think of the amount of violence in cartoons including your Tom & Jerry’s then we can talk about the harm caused by TV and dolus eventualis.

Some people just don’t want to see naked bodies on TV and they want to prevent everyone else from watching, this has more to do with prescriptive bigoted views than the potential harm porn can cause children.

Aug 12, 2014 9:22 | 0 replies

Papage

Why do you want porn on TV?

Aug 12, 2014 9:24 | 2 replies

D-zel_3.0

Is that a question meant for me? If it is I don't want porn on TV but I have a problem with a naked human body being made tabboo, there is nothing more natural so why are we acting like nudity = vulgarity?

Do you have a son Papage?

Aug 12, 2014 9:34 | 0 replies

Mapholobakay1

Same reason as watching at the comfort of your own home or hotel just like how renting a movie has evolved...Imagine going to a porn shop only to meet your pastor or boss there!!! Or having porn sites on your browse history or porn stash..porn is frowned upon so its better if its just puffed and passed. You subscribed once and enjoy...you don't need to keep looking over your shoulder and hide things.

Aug 12, 2014 9:47 | 0 replies

Mshovekahle

uKUPHI U S.COLD isikhathi sakhe asikakafiki uyayithanda i SEX

Aug 12, 2014 9:52 | 1 replies

s.cold

IM HERE I DO LOOOOVE IT AND I DO IT WITH WHOEVER I LIKE,,,,,I DONT MIND UKUFA NOMA UKUBOSHWA FOR INGQUZA,,,CASE CLOSED AND JUDGE ME

Aug 12, 2014 10:37 | 0 replies

Mzabalazo

Where is mgijimi? He needs to ask the court to forgive this person.

Aug 12, 2014 9:53 | 2 replies

MAINFRAME

i thought u said rape,murder etc not porn aowa leave mgijimi alone

Aug 12, 2014 10:4 | 0 replies

MAINFRAME

i thought u said rape,murder etc not p.o.r.n aowa leave mgijimi alone

Aug 12, 2014 10:4 | 0 replies

skopomashwabana

to have porn on TV on 3 channels is a bit too much. kids must struggle to find porn like we did. having it on TV just normalises it, and we already have enough violence on news bulletins alone, which has desensitized some parts of society to some extent, we dont need hardcore porn on TV. we as adults must continue to stash our porn just like those before us, not set reminders on TV for "Shaving Ryan's Private"

Aug 12, 2014 9:54 | 1 replies

MommaC

To be honest, I find it a bit at odds that kids get fed a steady diet of violence but sex is considered to be something 'wrong'. I do agree that it should be kept from them but we can't dictate to adults what they may, or may not watch.

Aug 12, 2014 10:52 | 0 replies
Aug 12, 2014 9:58 | 2 replies

RobinX

Must be what warped your face like that! Lol.

Aug 12, 2014 10:7 | 1 replies
Aug 12, 2014 10:24 | 0 replies

s.cold

ME TOO @VENDALIZARD,,,,,,,,,,,,,,,,,,,,,,,,,,,,,BACK TO THE ARTICLE I DONT LIKE WATCHING IT BUT I DO IT ALMOST EVERYDAY WITH DIFFERENT BIACHES,,,,MY FAVOURITE GIRL IS MY 16YRS MSWATI

Aug 12, 2014 10:22 | 1 replies
Aug 12, 2014 10:24 | 0 replies