Judge Bozalek yesterday refused Online Digital Media permission to appeal his judgment handed down in the Western Cape High Court on 3 November 2014, in which he ruled that the license issued to ODM (the company which owns StarSat TV which applied to have permission to broadcast pornography over television in South Africa), was based on an error in law.
In essence this means that ODM will have to re-apply to ICASA for a re-consideration of their application to air pornography. The decision of the court also has the immediate effect of terminating broadcasting of pornography over television.
Doctors for Life International (DFL) and its co-applicants in the court case, Cause for Justice and Justice Alliance of South Africa, have been vindicated in bringing their applications against ICASA in granting such licenses.
DFL hopes that this sends a strong message to those who wish to bring pornography into the public domain, namely that there are many South Africans who strongly object to the spreading of pornography especially where there is a real danger that children will as a result be exposed thereto with the resultant detrimental effects on society at large.
DFL was represented by two advocates Reg Willis and Albert Mooij, instructed by attorney SJM Schneider & co.
DFL is an organisation of 1400 medical doctors, specialists and professors of medicine from Medical Faculties in South Africa and abroad. DFL provides expert evidence on various issues of medical and medical-ethical importance. Since 1991 DFL has been actively promoting sound science in the medical profession and health care that is safe and efficient for all South Africans.