Doctors for Life was instrumental in getting the Constitutional Court of South Africa to rule that the production and/or possession of child pornography is illegal. DFL presented some of the latest research to the court on the effects of pornography on the brains of those who view it. It has been proven that pornographic images are often stored in the brain as real experiences. This has a dramatic impact on behavior and may for a long time since the images are not easily forgotten.
It was decided by the court that, “Child pornography is universally condemned for good reason. It strikes at the dignity of children, It is harmful to children who are used in its production, and it is potentially harmful because of the attitude to child sex that it fosters and the use to which it can be put in grooming children to engage in sexual conduct”.
Doctors for Life offers help and counseling to those who are addicted to any form of pornography. Like any addiction, the craving only grows. In this case, the addict needs to find more lewd and graphic forms of pornography. There is help though. Many have escaped the addiction of pornography and so can you.
Porn channel fined R25,000
Porn channel fined R25,000 for pleasing its 284 subscribers
Dominic Skelton | 07 May, 2015 13:18
Digital satellite TV broadcaster StarSat got more than just a telling off by the broadcasting watchdog for continuing to show pornographic content after a court order forbade it to.
SCA dismisses ODM appeal over decision to licence porn channels SCA dismisses ODM appeal over decision to licence porn channels
Porn TV’s prime-time ban upheld by court Porn TV’s prime-time ban upheld by court
The company was fined R25,000 by the Broadcasting Complaints Commission of South Africa (BCCSA) for “knowingly” continuing the unauthorised service while its application to appeal the court’s decision had not yet been lodged.
The Independent Communications Authority of South Africa had allowed On Digital Media‚ which runs StarSat‚ to broadcast the pornographic content on three channels but the Western Cape High Court retracted the authorisation in November last year.
StarSat admitted to continuing the service for almost four weeks during December and January in anticipation of their appeal‚ which was subsequently dismissed by the Supreme Court of Appeal.
The company asked to be let off without a fine‚ saying that the service was only available on subscription and locked by two security pins. Subscribers had to prove they were over 18 years old and the service had only 284 subscribers.
However‚ this only served to reduce its fine from the BCCSA’s maximum penalty of R60,000.
The council of the Justice Alliance of South Africa‚ which lodged the complaint with the BCCSA‚ argued that regardless of the content and protections‚ providing an unauthorised service knowingly justified more than a reprimand.
The BCCSA agreed.
“A fine should be imposed to demonstrate to the respondent and other broadcasters that it is a serious contravention to broadcast without authorisation. However‚ there are circumstances that support [the approach] that the maximum should not be imposed‚” BCCSA chairman Kobus van Rooyen said.
Van Rooyen said the fine of R25,000 was “sufficient to indicate the seriousness of the offence”.
The BCCSA said the issue was not that pornography was broadcast but that there was broadcast without authorisation. It said the broadcasting of non-violent pornography was permitted by the Code for Subscription Broadcasters if it was branded ‘X18’.
– RDM News Wire, TMG Courts and Law
Porn – No Longer On SA TV.
DFL is delighted with the final outcome of the court case against On Digital Media t/a StarSat aka TopTV.
Firstly, the challenge by DFL and 2 other applicants (CFJ and JASA) against ICASA’s decision to allow the broadcast of pornography in SA on television was upheld by Judge Lee Bozalek in the Cape High Court.
Secondly, the leave to appeal by ODM was denied by Judge Bozalek on the 3 Nov 2014. This sent a strong message to those who wish to bring pornography into the public domain 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 to it with the resultant detrimental effects on society at large.
Thirdly, the Supreme Court of Appeal in Bloemfontein, on the 17 March 2015, dismissed with costs the application of ODM to appeal against the Cape High Court decision.
Last but not least ODM has decided not to appeal this decision to the Constitutional Court.
On Digital Media ceased all broadcasts of pornographic material on 26 March 2015. All South Africans can at least know that our children will not have even more access to porn through TV.
Porn is already so easily available for free via cell phones and the internet; “PORN” is the 4th most searched word on the internet by children under the age of 15. This is a shocking statistic which proves to demonstrate that a lot more needs to be done to stop this epidemic that affects all corners of society and does not discriminate between anyone, rich or poor, male or female of all race groups. The sad thing is that it will always be our children that are affected the most whether directly or indirectly – Pornography is the fuel for abusive behaviors.
Supreme Court dismisses ODM pornography appeal
Doctors for Life International is pleased to announce that the Supreme Court of Appeal has dismissed with costs the application of On Digital Media t/a Starsat (previously TopTV), to appeal against the Cape High Court decision setting aside the decision of ICASA authorising the broadcasting of pornography on two of their South African television channels.
Hopefully Doctors for Life will now be allowed to present conclusive scientific neurological evidence that has developed on the destructive effects and addictive nature of pornography on the brain, to ICASA.
Doctors for Life International represents more than 1500 medical doctors and specialists in South Africa and abroad. DFL has commented extensively on these issues and has made submissions to the Constitutional Court and the Law Reform Commission in the past. For more information visit www.dfl.org.za
DFL is represented by Attorneys Steve Schneider and Naomie Marais who instruct Advocates Reg Willis and Albert Mooi.
Pornography, The Battle for your soul
Porn Channel Courtcase Goes Against StarSat TV (press release)
Doctors For Life is delighted with the outcome of the Court Application in the Western Cape High Court, challenging the licensing of On Digital Media T/A StarSat aka TopTV (ODM) to broadcast the first three porn channels ever in South Africa. This court case has come out on the side of women, children and families in South Africa who are the ones most harmed by pornography.
Even though we are fully aware that the Internet is by far the biggest provider of porn in South Africa, it does not justify adding three TV channels to the existing stream of smut pouring into the country (which is barely filtered in South Africa, other than in many western countries e.g. Britain and the USA). It is now well established scientifically that pornography is addictive and destructive to the human brain and especially to the brains of minors. As result sexual and related violence against woman and children is facilitated.
Judge Lee Bozalek upheld the challenge of DFL (and two other applicants CFJ and JASA) against ICASA’s decision.
DFL complained that ICASA had not considered the real effects of pornography and its addictive qualities on people, as a result of ICASA’s defective decision making process and the effect of committing a material error of Law, when it licensed ODM to broadcast pornography.
ODM forced DFL to defend its evidence of the harmful effects of pornography on all people and on woman and children in particular (DFL had the assistance of numerous international medical specialists on the effects of pornography including neurosurgeons, researchers and Psychiatrists and DFL’s evidence is based on well-established science) and to traverse the often paedophilic tendencies of the progenitors and promoters of pornography.
The Judge upheld the review ground that ICASA committed a material error of Law. The Judge found on the facts of ODM’s application to ICASA that Sec 24A(3) of the Film and Publications Act was a law of general application and in all the circumstances a criminal provision had been breached. Pursuing a criminal charge and prosecution is being considered by DFL.
Advocates Reg Willis and Albert Mooij appeared on behalf of DFL duly instructed by SJM Attorneys.
Doctors for Life International, represents more than 1400 medical doctors and specialists, three-quarters of whom practice in South Africa. 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. For more information visit: http://www.doctorsforlife.co.za
Porn plot thickens after Icasa slip-up
THE Independent Communications Authority of South Africa (Icasa) might have erred when it authorized material for three adult content TV channels, the Western Cape High Court heard on Monday.Judge Lee Bozalek heard fresh submissions from applicants and respondents on Monday about whether the adult content needed to be sent back to Icasa to be reclassified. After listening to arguments, Judge Bozalek said: “It has emerged that (Icasa) missed a material fact and made an error in law. On Digital Media also intended to do a criminal act by airing the content and Icasa, in allowing that decision, must have been unlawful as well. At the initial hearing in August, On Digital Media and Icasa argued that section 24A(3) did not apply to On Digital Media and that Icasa need not take it into consideration. They said no “bad pornography” would be aired and if Icasa had refused to authorize the channels, it would have been acting contrary to Parliament’s intention and the statutory scheme. It appears as if Parliament’s intention was clear – it does not want to make X18 material available to the public other than in very specific circumstances. Icasa made a material error in law in disregarding this piece of legislation in reaching its decision.”. On Digital Media’s proposal is that rather than remitting the matter to Icasa to revisit, the court should vary the decision to deal with section 24A(3). The appropriate remedy in this case would be to remit the matter to Icasa, for various reasons – one being that Icasa may well reach a different decision, after considering section 24A(3).
Justice Bozalek has ordered counsel back to the High Court on Monday, October 13, to make further submissions regarding the TV pornography matter which was heard for four days in the Western Cape High Court from August 4 to 7 earlier this year. The…
On Monday 11 August, Doctors for Life’s (DFL’s) court Application for the Review of the granting by ICASA to On Digital Media, a license to air television pay channels for the sole purpose of broadcasting pornographic material, will be heard.…
On behalf of Doctors for life and our 1500 doctor members we would like to thank all the women of South Africa for their contribution in making South Africa a better place. Whether you are women in a profession, a…
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Doctors for Life was instrumental in getting the Constitutional Court of South Africa to rule that the production and/or possession of child pornography is illegal. DFL presented some of the latest research to the court on the effects of pornography…
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The recent debate about a possible 24/7 porn channel on national television, with lack of strict and clear guidelines on pornography in South Africa is a matter of grave concern for Doctors For Life International (DFL) .A growing mountain of…