Judgment in an application for leave to appeal a court ruling on the licensing of three porn pay channels is expected to be handed down by the Western Cape High Court on Wednesday. On Digital Media (ODM) wants permission to appeal Judge Lee Bozalek’s order that the Independent Communications Authority of SA (Icasa) review its decision last year to license ODM’s porn channels.

ODM’s legal team has argued that there were reasonable prospects of success should Bozalek’s decision be reviewed by the Supreme Court of Appeal in Bloemfontein. ODM (operating as Top TV and later StarSat) was granted three licences on April 23 last year to broadcast Playboy TV, Desire TV, and Brazzers, subject to conditions.

Icasa’s issuing of the licences was challenged by the Justice Alliance of SA (Jasa), Doctors for Life, and Cause for Justice, which argued that Icasa erred in making its decision. Icasa and ODM were ordered to pay the applicants’ costs. ODM appealed the whole order, including that of costs.

In its appeal application, ODM argued that Icasa’s decision was only invalid insofar as it failed to prohibit ODM from broadcasting films that had been classified as “X18”, in accordance with the Film and Publications Act.
It believed that remitting the decision back to Icasa would lead to unnecessary delay, prejudice and costs. SAPA