In the past year or so, the Supreme Court of Appeal (SCA) handed down judgment in two defamation appeals that have an impact on how plaintiffs obtain remedies to vindicate their reputation. Both of these cases were appeals from defamation cases brought through the procedure of an application or motion (where evidence is given through affidavits) as opposed to the procedure of a trial (where evidence is given through oral evidence). Continue reading
The International Forum for Responsible Media Blog
Tag: Dario Milo (Page 1 of 4)
On 4 February 2021, the Constitutional Court handed down its decision in the case of AmaBhungane Centre for Investigative Journalism NPC v Minister of Justice and Correctional Services [2021] ZACC 3. This has already received worldwide acclaim. It found in favour of amaBhungane, the investigative journalism organisation, in a landmark case involving the collision between the right to privacy and the right of the state to engage in surveillance. Continue reading
The Supreme Court of Appeal handed down a significant (and lengthy) judgment on defamation law on 17 December 2020, in the defamation case brought by Trevor Manuel against the Economic Freedom Fighters ([2020] ZASCA 172). Continue reading
As Covid-19 infections spread rapidly around the globe and governments everywhere scramble to limit infections, fake news about the disease on social networks has become a major problem. There have even been some arrests – in India, Hungary and Kenya – of people who have spread fake news about Covid-19, using existing local laws. Continue reading
The South African High Court judgment in the case of amaBhungane Centre for Investigative Journalism v Minister of Justice and Correctional Services [2019] ZAGPPHC 384 is a victory for privacy rights. Continue reading
On 21 August 2019, Phineas Mojapelo, the Deputy Judge President of the South Gauteng Division of the High Court in the case of, Nelson Mandela Foundation Trusts v Afriforum NPC ([2019] ZAEQC 2) ruled that the display of the pre-1994 South African flag – the apartheid flag – constitutes hate speech. Continue reading
“Fake news” – a term ironically made popular by Donald Trump – is a real problem for our democracy. This is not news which the publisher reasonably believes to be true because, for example, steps have been taken to verify the information. Continue reading
In South Africa, there is no statutory prohibition that a person who is suspected of a committing a sexual offence and who has not been arrested or summoned to appear in a criminal court – like Cliff Richard in the English case – cannot be named before they appear in court. Continue reading
The Henri Van Breda case (Van Breda v Media 24 Limited and Others [2017] ZASCA 97) has confirmed that cameras in courts are not only here to stay, but that this is mandated by the South African Constitution in order to facilitate open justice and the right of the public to hear and see what goes on in our courts. Continue reading
Public comments on the Prevention and Combating of Hate Crimes and Hate Speech Bill [pdf] were due at the end of January. A coalition of some of SA’s best comedians and satirists has taken a stand against the bill and filed submissions arguing that its hate speech provisions are unconstitutional. Among them are Pieter-Dirk Uys, John Vlismas, Jonathan Shapiro (Zapiro), Kagiso Lediga, Conrad Koch (and Chester Missing), Nik Rabinowitz, Tumi Morake, Joey Rasdien, Nina Hastie, David Kau, Casper de Vries, Celeste Ntuli, Mark Banks, Jason Goliath, John Barker, Christopher Steenkamp and the creators of the satirical programme ZA News. Continue reading
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