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.
Pornography, The Battle for your soul – movie trailer
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 matter before the court is an application by Doctors for Life International with separate applications from Cause for Justice and Justice Alliance of South Africa (JASA), for an order that ICASA re-hear the application by On Digital Media to broadcast 3 pornographic channels on TV. ICASA granted the license last year.
Doctors For Life goes to court on Monday 11 August (press release)
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.
The Application was lodged in the North Gauteng High Court at the beginning of the year. Two other applicants have lodged applications in the same matter. One was in the Western Cape High Court and the parties agreed that the case be transferred to the Western Cape High Court.
The legal team that DFL instructed to challenge the decision of ICASA to allow pornography to be broadcasted over television in South Africa, is made up of two advocates, Adv. Reg Willis and Adv. Albert Mooi, and Two attorneys, Stephen Schneider of KZN (where DFL has its head office) and Naomi Marais of Gauteng.
Issues to be heard include:
The Application is, in the first instance, a Review of the decision of ICASA, with a request to court to set aside the license, on the grounds that incorrect procedure was followed, amongst others:
That the procedure followed by ICASA to deal with the TopTV application was procedurally flawed and unfair;
That the advert which ICASA published in the Government Gazette (which it was obliged to do), inviting the public to make submissions, did not mention in the advert that the TV channels which ODM applied for were to broadcast pornographic material; further, the advert, which required the public to make its submissions within 30 days, was published in December, which required the public to respond during the period when most people take their holidays, that is in December and January.It is interesting to note that despite the inconvenient time the public was expected to respond in, there were close to 600 written submissions by the public, the vast majority of which were against the granting of the license applied for; one wonders how much greater the response would have been if the Notice was published a different time of the year.
That during the hearing ICASA determined that those, who had requested to make oral representation before the Council set up by ICASA for this purpose, may only have 10 minutes each to put their case, whereas ODM was given 90 minutes to put its case as well as more time for their so-called expert witness Ms Wasserman, a sex-therapist, to make her input as well. DFL’s experts were not allowed sufficient time and/or invited to put forward their scientific and medical evidence on the harmful effects of pornography on the human brain, before the Council;
That most members of the 7 member Council Committee set up by ICASA to hear the oral submissions were not suitably qualified to be on the Committee. This was apparent from the type and amount of questions such members posed to ODM, which were hopelessly insufficient to enable ICASA to come to a proper decision;
That one of the institutions that had made application to make oral representation before ICASA’s Council, was the Film and Publications Board. The Council, however, at the request of ODM, did not allow the Film and Publications Board to make oral representations, even when ICASA was in terms of the legislation it functions by, obliged to consider the input of the Film and Publications Board.(Whose submission, by the way, was in opposition to the granting of the license.)
That other existing legislation that prohibits the broadcasting of pornography by television channels was not properly or fully taken into consideration;
That the bias which ICASA showed at the hearing was so blatant that it can be concluded that ICASA had failed to carry out its mandate and also shows that it acted in bad faith.
DFL is of the opinion that, as DFL was at the hearing and had compelling, non-moralistic, medical and scientific evidence to put before the hearing of the harmful effects of pornography on the brain, comparable to the effects of hard-line drugs such as LSD, heroin and cocaine, DFL was not given adequate opportunity to put this evidence before ICASA.
DFL will place before court scientific and medical evidence on the harmful effect of pornography by way of five expert witnesses as follows:
Mr Iyavar Chetty: formerly Director of the Film and Publications Board who testifies as to the reasons for existing legislation to protect society, and especially children, against pornography
Other experts include, Dr Donald Hilton, Prof. Tuviah Zabow,Professor Mary Anne Leyden and Prof Riesman
Further arguments on the merits will include :
that there is a real danger that children will have access to the 3 channels, as security measures put onto place to control access to the channels are ineffective;
that pornography broadcasted in any format, leads to increased violence against women and children and also affects their constitutional rights.
In summary: pornography is medically proven to be harmful to the brain, both for adults but especially for children, causing structural damage to the brain with enormous consequences for the individual and ultimately for society as a whole.
It also has an addictive effect on the human being that can be likened to hard drugs, which addiction is difficult to overcome without specialized and intensive treatment.
On top of that DFL has provided expert evidence that demonstrates the security measures to be hopelessly insufficient. That especially so in the light of the fact that the computer skills of minors most of the time far exceeds that of their parents.
Added to that is the fact that bringing porn into the living rooms of South African households and expecting parents to send the kids out off the room certain times of the day, having to lock the doors and close the curtains so that the kids can’t peep at the shows, is bizarre harmful to any family.
Celebrating Women’s day in spite of Violence (press release)
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 wife, a mother, a sister, a daughter we would like to wish you the best of wishes for the year to come.
As a matter of grave concern to the continuing rise of violence against women in South Africa, we have thought it to bring a certain perspective to your attention. As an organization that endeavors to bring about sound science and a respect for human life, we are faced with opposing thoughts that threatens our women’s health and prosperity on a daily basis.
There are myriads of groups and organizations that are advocating and promoting the fundamental rights of women in all spheres of society. But as a Doctors organization we know that many times an individual attempts to treat the symptoms of a disease by drinking a headache tablet.
What we are seeing is that there are trauma centers, help lines, recovery houses and counseling offered for women who have been raped, assaulted, abused and coerced. There is much spent on the symptom of the problem when we should be asking how it is possible for man to treat a woman in a degrading way.
Studies have shown that 65% of woman are against pornography and feel cheated by their husbands for engaging in it no matter how much popular culture is trying to normalize pornography through sexualization in the media. The easy access and also different porn niches have changed the way many men and boys view and even respect women. Women who come out of porn testify of the harsh realities that surrounds the industry like drug abuse, contraction of STD’s and HIVAIDS, not to mention the encounters they have to endure. Pornography is nothing short of captured prostitution.
Human trafficking is the fastest growing criminal activity with research showing that 70% of it being women and a further 70% of those are for sexual exploitation. In the same way with pornography, men are being the majority of the consumers. We will shortly look at how human trafficking, prostitution and pornography are influencing the way men look at women.
A former prostitute made the observation that the men who come to them are married and have relationships, “Why is it that they come to us?” She said that these men will do and expect prostitutes to do things; they will never dare doing with their partners.
Women and children who are in prostitution come from the most oppressed and vulnerable groups in society, why is it always the women and girls who have the fewest alternatives who are the ones who end up in prostitution. According to a study by Melissa Farley, PhD, 68% of the women in prostitution met the criteria of PTSD, no wonder that the majority of women in prostitution are using narcotics to cope with multiple (and sometimes violent) invasions by different men. By legalizing prostitution society are just legalizing the trauma and harm that many of these girls end up having had to endure. The majority, 90% plus of percent of the women in prostitution that we speak to want out, we somehow tend to wonder why? When the choice between poverty and prostitution has to be made, we can see that it is no real choice at all.
Recently there have been sounds coming from groups advocating prostitution that the criminalization of prostitution increases the risks of women contraction HIV and Aids. We know that one of the main reasons women contract the disease is because they are under the influence of drugs and clients are willing to pay more if prostitutes are willing to have sex without a condom.
Prostitution fuels human trafficking seeing that the majority of women who are trafficked are used for sexual exploitation. Thus pornography and prostitution lead to a higher demand for the sales of young and fresh human flesh.
With the current global financial difficulty that countries are facing, many countries are considering ways to make money. By legalizing prostitution the state in an attempt to save themselves from bankruptcy becomes the legal Pimp. With Starsat airing Porn on national television, it is to scar the dignity of our women and children. In order for us to combat the high incidents of rape and gender violence and inequality we need to change our approach.
We at Doctors for life believe that charity starts at home; human sexuality is sacred and very precious and should not be made into a commodity for mass consumption. Women need to be given support and education if we want to save our county from financial decay.
Doctors for Life International, represents more than 1400 medical doctors and specialists, three-quarters of whom practice in South Africa. Since 1991 DFL has seen 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
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