Broadcasting Complaints Commission to decide if StarSat will be fined up to R60 000 after it broadcast its porn channels for a month without authorisation.

The Broadcasting Complaints Commission of South Africa (BCCSA) will have to decide what fine to level against On Digital Broadcasting (ODM) and StarTimes Media South Africa's StarSat satellite pay-TV platform after it broadcast it hardcore pornographic TV channels illegally for a month.

The BCCSA will decide whether StarSat, which kept broadcasting its porn channels, has been in breach of the BCCSA's Subscription Service Licencees' Code of Conduct, and what fine to level against ODM.

In a case before the BCCSA, the commission heard that StarSat kept broadcasting its set of sex channels in South Africa illegally and without being authorised to do so, from 10 December 2014 to 6 January 2015.

On 3 November 2014, Judge Lee Bozalek in a Western Cape High Court judgment, found against ODM and StarTimes Media SA's sex TV channels and that the Independent Communications Authority of South Africa (Icasa) erred in the licensing and licensing process of granting a licence for the porn channels.

ODM filed an appeal which was dismissed on 10 December, and ODM then applied to the Supreme Court of Appeal on 7 January 215 for leave to appeal which was also dismissed with cost to ODM.

"StarSat was required by law to stop broadcasting from December 10. They refused to do so," said Greta Engelbrecht for the Justice Alliance of South Africa (Jasa) on Tuesday in the case before the BCCSA.

"For the period 10 December 2014 to 6 January 2015, StarSat illegally and with impunity, broadcast the unauthorised channels," said Gerda Engelbrecht.

"We need to give a message to broadcasters who broadcast without authorisation. It is not a question of content , but a question of broadcasting."

Jasa asked the BCCSA to level a fine of R60 000 against ODM and StarSat.

Steve Budlender representing ODM before the BCCSA told the commission that ODM did infringe on the broadcasting code but called it "a technical infringement".

ODM revealed that 284 StarSat subscribers accessed the pornographic TV channels during the period.

The sex channels cost subscribers R159 per month and StarSat continued to broadcast PlayboyTV and Private Spice which has since been changed to the Brazzers porn channel.

STARSAT PORN COURT CASE: On Digital Media and StarTimes' porn TV channels on StarSat a criminal offense, promotes unsafe sex and infidelity, argues group.

The Justice Alliance of South Africa (Jasa) argued in the Western Cape High Court yesterday that the pornographic TV channels on On Digital Media (ODM) and StarTimes South Africa's StarSat satellite pay-TV platform in South Africa are promoting unsafe sex and infidelity and that South Africa's broadcasting regulator contravened laws when it granted StarSat a licence to start broadcasting the sex channels.

Jasa, Cause for Justice and Doctors for Life are taking StarSat to court over the satellite-TV operator's porn TV channels.

The group argues that StarSat's (formerly TopTV) broadcasting of pornography on South African television contravenes section 19 of the Sexual Offences Amendment Act, which deals with the exposure to, or display of pornography to children, as well as the Films and Publications Act.

Besides StarSat, the respondents in the porn TV case include the chairperson of South African's broadcasting regulator, Stephen Mncube of the Independent Communications Authority of South Africa (Icasa) - which initially denied StarSat's first application; Peter van der Steen who is StarSat's business rescue practitioner since the company is in business rescue; and the minister of communications, Faith Muthambi.

The group argued in court that ODM and StarTimes Media are contravening the Films and Publications Act by exposing children to X18 content on television.

Icasa granted ODM a licence to broadcasting its bouquet of porn channels in April 2013 after StarSat brought a second application to show porn on TV to subscribers. Out of the 644 written application, over 90% opposed the granting of a porn TV licence to StarSat.

StarSat started showing Playboy TV, Desire TV and Private Spice as a stand-alone sex bouquet which requires a separate subscription and PIN. StarSat quietly changed Private Spice to the Brazzers TV channel.

The sex TV channel shows pornographic material entitled "Young Harlots: Carnal Education", "Backdoor Bikini MILFs", "Girls Behaving Badly" and "The Secret Lives of Kept Wives".

StarSat has previously declined to give subscription numbers for its porn bouquet but according to court papers has about 400 subscribers.

"The true content of the material wasn't told to Icasa," says Darryl Cooke of Jasa. "These programmes are promoting infidelity, unsafe sex and not what was represented to Icasa and the public".

The group also argues that assurances given by On Digital Media regarding Playboy TV UK that it complied with laws are not the case and that ODM knew it.

"We have, over a period of six years, repeated breaches. They are a serial offender. We are told in these reports that they are reckless and that they are repeated breachers".

Darryl Cooke said Icasa still had the discretion to refuse to authorise porn on South African television and to balancing the rights to freedom of expression with the rights of children and the need to avoid harm.

The group's advocate Murray Bridgman argued that ODM and StarSat had admitted it was likely or may well happen that children would view their pornography.

Murray Bridgman said that pornography is an issue that impacts on all South Africancommunities as a whole and on the constitutional rights to dignity, equality and security.

"[There was] one public hearing, one city, one day. Not good enough. There should have been meetings in each of the nine provinces and there should have been a far greater level of engagement".

Murray Bridgman argued that Icasa's advert in the Government Gazette inviting public comment did not even mention that StarSat's sex channels were to broadcast porn. If the public wanted to view the application, they had to make a photocopy at Icasa’s library in Johannesburg.

"If this had been done right, there would have been 1 649 objections," He said that the public hearing in March 2013 gave inadequate time to objectors and denied the Film and Publication Board (FPB) the chance to make oral submissions over ODM's application for porn channels.

Icasa's special committee was criticised for not appointing experts and inspectors to investigate the content of StarSat's porn TV channels and to make sure it abided by certain criteria.

Eddie Mbalo, StarSat's interim CEO proud to bring porn to South African television; more sex channels coming in 2014.

Eddie Mbalo, the interim CEO of On Digital Media (ODM) is proud to bring porn to South African television, with the South African satellite pay-TV operator planning to bring more sex channels on its pornographic package in 2014, including pornography coming from Africa.

ODM and StarSat's porn plans are raising new concerns within South Africa about "a flood of filth" on South African television.

"We at StarSat are proud to deliver this offering for the first time to South African viewers," says Eddie Mbalo about StarSat's pornographic bouquet which South African viewers can now subscribe to at a cost of R159 per month.

ODM and StarTimes changed the TopTV brand into StarSat. ODM and its financial backer, China's StarTimes, are now planning more porn in 2014 for StarSat besides the Playboy TV and hardcore Private Spice channel which come with an R18 rating. ODM will include pornography coming from Africa.

ODM and StarTimes changed the TopTV brand into StarSat. The separate Playboy Plus bouquet with the porno channels is supplied by Playboy TV UK / Benelux Limited in England and runs from 20:00 to 05:00 daily.

The Independent Communications Authority of South Africa (Icasa) granted ODM a license earlier this year following a second application.

Eddie Mbalo says the erotic sex channels will "in the long run promote healthy relationships, positive images of sexuality, and of women in particular," for South Africa.

Errol Naidoo of the Family Policy Institute (FPI) has called for a renewed nationwide boycott in of On Digital Media and StarSat "with immediate effect", saying South Africans need to "take a bold and uncompromising stand against the flood of filth infiltrating our nation."

"Research consistently shows that regular porn consumption lead to addictions and often fuels sexual crimes against women & children." According to Errol Naidoo "our government is making it easier for children to be exposed to hardcore pornography on the internet and TV". He says people supporting ODM and StarSat are contributing to pornography on South African television.

The Justice Alliance of South Africa (Jasa) which is also opposed to ODM and StarSat's porn broadcast intends to have a court relook the pornography on South African television issue.

Jasa has brought a court application against ODM, Icasa, and the minister of communications. The case will be heard early in 2014. A group of teenagers also opposed to porn, has joined the case.

Jasa wants a court to review Icasa's decision regarding the broadcasting times. ODM initially wanted to broadcast the channels 24 hours per day but backed down and decreased it to starting only at 20:00 at night. Jasa says it is still too early if the sex television has to be shown at all.

"We don't think pornographic programmes should be broadcast at all, but after 23:00 would be a more reasonable time," says Jasa in a statement. We contend that fixing a watershed time of 20:00 flies in the face of common sense, bearing in mind that most teenage children finish their homework at about 20:00 and then watch TV for an hour or two until bedtime."

The Justice Alliance of South Africa wants court to review the decision to allow On Digital Media (ODM) and StarSat to broadcast pornography.

The Justice Alliance of South Africa (JASA) on Friday filed court papers in the Western Cape High Court to get On Digital Media (ODM) running the TopTV, now rebranded to StarSat, South African satellite pay-TV operator to stop broadcasting its bouquet of pornographic sex channels in the country.

JASA is bringing the application against ODM, the Independent Communications Authority of South Africa (Icasa), the minister of communications and ODM's business rescue practitioner, Peter van den Steen.

JASA wants the court to review Icasa's decision to grant ODM a license to broadcast sex channels in South Africa from 20:00 until 05:00. JASA says 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 says that the so-called "watershed period" during which Icasa allowed ODM to broadcast pornography on TopTV or now StarSat - from 20:00 to 05:00 - doesn't guarantee that children will not be exposed.

"JASA submits that pornographic channels, such as those which ODM applied to broadcast, are extremely unsuitable for children." According to JASA the average bedtime for children aged about 16 is 22:30.

"Significant percentages of children between the ages of 10and 19 watch television after 20:00. It would appear that in allowing the broadcasting of the pornographic channels from 20:00, Icasa did not have regard to the large percentages of children who watch television after 20:00, and who are awake until about 22:30."