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Tag: Dario Milo (Page 3 of 4)

South Africa: A mistrial for Oscar Pistorius? We think not – Dario Milo and Stuart Scott

pistorius_2486158bOn Sunday night, Australia’s Channel 7 broadcast a video showing Oscar Pistorius apparently re-enacting various moments from the night he killed Reeva Steenkamp.  The footage was reportedly filmed in October 2013 by a US company, The Evidence Room, and reports say that it was commissioned by the defence team to assist with trial preparation in order to reconstruct Oscar Pistorius’ version of events. Continue reading

Is there room for a ‘right to be forgotten’ in South Africa? – Dario Milo and Avani Singh

data-protection-and-cyberThe recent European Court of Justice ruling (available here) that effectively granted a Spanish national ‘a right to be forgotten’ has caused much stir as we wait to see precisely what implications this decision will have.  As expected, Google has reportedly received a flood of requests from people seeking to have their information removed from the Google search engine, including politicians, public figures and persons with criminal records. Continue reading

Freedom of expression loses in Swaziland case – Dario Milo

bheki-makhubu-smallLast week, the Swaziland High Court handed down a decision with grave implications for freedom of expression. The Nation magazine, an independent publisher, and its editor Bheki Makhubu were found guilty of the crime of contempt of court, fined 400,000 emalangeni (about £28,000), and ordered to pay half of the fine within three days of the decision or be imprisoned for two years.  Continue reading

South Africa: National security versus freedom of speech – Dario Milo

Fallen_Heroes.jpgThis year seems destined to go down in South African constitutional history as the one in which the battle between free speech and national security was fought.  The contest between these competing interests was brought into sharp focus again this week, in President Jacob Zuma’s message of condolence at the memorial service of the 13 soldiers tragically killed in the Central African Republic (CAR). Continue reading

South Africa, Review of the Year: Media in a contest for freedom – Dario Milo and Pamela Stein

4066134253As 2012 draws to a close, it is timely to take stock of some of the more important developments in the area of media law this year.

The courts have been very active in building on the solid foundation of media freedom which section 16 of our constitution protects.

The most important decision of the year was the Constitutional Court’s ruling in September in the challenge brought by Print Media South Africa and the South African National Editors’ Forum against aspects of the Films and Publications Act of 1996. Continue reading

South Africa: Zuma v Zapiro and the rape of the justice system – Dario Milo

On 29 October 2012, President Zuma formally withdrew his defamation claim against Sunday Times, Mondli Makhanya and the cartoonist Zapiro, and offered to pay 50% of their legal costs. The claim related to Zapiro’s “rape of justice” cartoon. Given that Zuma’s original claim was for R4 million in damages to his reputation and R 1 million in damages to his dignity, as well as legal costs and interest, the withdrawal – which sees Zuma paying money to those he sued and not the other way round – has rightly been hailed as a victory for the defendants. Continue reading

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