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Tag: Freedom of expression & speech

Can your freedom of speech be limited? Defamation of character vs. crimen injuria

The concepts of defamation and crimen injuria are two distinct legal principles relating to wrongful and unlawful things people can say to or about others, causing harm to that person. In both cases, the victims are protected from statements made by other people.…

Provided By GoLegal

by Philip Venter

Concourt rules sections of PAIA and Tax Administration Act unconstitutional

Concourt rules sections of PAIA and Tax Administration Act unconstitutional: SARS must grant access to former President Zuma’s tax records In 2019, Warren Thompson, a financial...

Reality prevails as Hermès trumps MetaBirkins – Trademark Infringement and NFTs

In a first-of-its-kind case to focus on trademark infringement and dilution in the virtual world, a nine-person jury in Manhattan, New York has sided with the French fashion house, Hermès International S.A (“Hermes”) in its legal battle against Sonny Estival aka…

Provided By Eversheds Sutherland

by Sara-Jane Pluke and Scott Saunders

The top six social media posts to keep to yourself – When sharing isn’t caring

There was a time when it seemed like there were no consequences on the internet and that what happened online, stayed online. Not anymore. South...

by Michael Visser

Social media vetting must be legal and ethical

Objectivity and fairness from employers is key when recruiting Social media has significantly changed the way candidates are screened for jobs. The type of employee hired...

The tension between the right to privacy and freedom of expression

Section 14 of the 1996 Constitution of the Republic of South Africa provides for an express and justifiable right to privacy. Section 16 deals with...

Testing the limits of the Protection of Personal Information Act 4 of 2013 (POPIA)

The movement towards data protection and data privacy has been topical internationally. For example, in South Africa, POPIA regulates the lawful processing of personal information...

by Nicolene Schoeman-Louw

Can you be held liable for your social media posts?

For many people social media has provided a safe space to voice their opinions without the fear of being judged or ridiculed. It has allowed...

by SchoemanLaw Inc

The Bill of Rights

South Africans can be proud to be part of a society that is built upon powerful principles of fairness and equality. In particular, the Bill of...

Constitutional Court grants life-long anonymity for children in criminal proceedings

In the matter of Centre for Child Law & Others v Media24 Limited & Others CCT 261/18, the Constitutional Court considered an application by the...

by Pieter Conradie and Anja Hofmeyr

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