Press Release
ICASA’s and ODM’s Appeal in Adult Content Judgement Denied
ICASA and On Digital Media (ODM) have not been successful in seeking leave to appeal a decision arising from a complaint by three conservative groups on procedural irregularities when ICASA granted permission to ODM to carry adult content on its platform.
In 2012, On Digital Media (ODM) applied for the authorisation of three adult channels which was granted by ICASA in April 2013, after a public hearing. This decision has now been challenged by the conservative groups.
Judge Bozalek of the Supreme Court of Appeal dismissed all claims on 4 November 2014, except for section 24A(3) of the Films and Publication Act and directed ICASA to re-consider their approval to ODM to broadcast the adult channels, effectively re-opening the process.
Despite opposition from certain groups, research conducted by ODM shows that there is majority support and demand for adult-based channels. ODM’s research shows that:
- 71% of respondents agree that “an adult has a right to watch pornography in the privacy of his or her home.”
- 51% of respondents (of which 60% male; 43% female) are either likely, or highly likely to subscribe to an adult content channel.
ODM fully complies with, and is signatory to the law and the Code of Conduct for Subscription Broadcasting Service Licensees. In launching adult-based content, ODM asserts its and StarSat subscribers’ constitutional right to freedom of expression and choice.
By providing subscribers with more choice allows ODM to be a competitor in an environment filled with opportunities.
ODM would like to re iterate that it has at all times ensured that it meets all the conditions of the licence by offering the adult content channels as a separate and verified subscription package, available only to persons who can confirm they are over the age of 18, broadcasting during the watershed period of 20:00 and 05:00, accessible only with a double-pin process.
ODM is currently consulting with its attorneys to discuss the next steps and despite this setback, ODM will continue to strive to ensure that citizens in South Africa have the freedom to view the programmes they wish to, in line with the country’s constitution of freedom of speech and choice.