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ICASA rules against Top TV's proposed porn channels


 There will be no pornography on pay television in South Africa, the Independent Communications Authority of SA (Icasa) ruled on Friday.

The decision followed a lengthy process of public consultation after pay television network TopTV's application to launch three porn channels.

Icasa spokesman Jubie Matlou said it was decided that women's right to dignity outweighed TopTV's right to freedom of expression, and the rights of viewers to receive pornography on television.

"The authority will produce a reasons document within 30 days," he said.

TopTV applied for permission on July 27 to launch the three new channels.

Icasa subjected the application to a vigorous public consultation process.

It received 13 written submissions on the application and continued to hold public hearings until January 16 for oral submissions.

TopTV was given an opportunity to respond to those opposing its application, which it did in writing on January 17.

Matlou said Icasa had weighed up all the submissions and had finally decided to refuse the network's application.

"The key point revolved around how to balance the right of the applicant, in terms of freedom of expression, with the right of women to human dignity enshrined in the Constitution," he said.

The Family Policy Institute welcomed Icasa's decision, describing it as "socially responsible."

Institute director Errol Naidoo said it was a "bold decision" that placed the health and welfare of the family above the profit motives of irresponsible broadcasters.

"The South African public’s overwhelming opposition to pornography on national television is now a proven fact," he said.

Most people had rejected Multichoice's plans for a 24-hour porn channel in 2010 and e.tv’s late night broadcast of pornographic programmes during 2011, he said.

"The FPI calls on government to urgently amend legislation to prohibit the broadcast of pornographic programmes on South African television." (Sapa)