The Oscar Trial and the curious case of the media orders

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by Dario Milo and Stuart Scott

In an article we wrote for Sunday Times last week we briefly touched on three orders relating to the media that we submit were incorrectly made by Judge Masipa during the Oscar Pistorius trial (for more detail on the first two orders see the earlier post on broadcasting the Oscar trial).

The third order in question related to the banning of any further publication of the exhibits marked “PPP” and “QQQ” (essentially the psychiatric and psychological reports compiled while Oscar was at Weskoppies Psychiatric Hospital), which went beyond the official findings that were read into the record during proceedings.

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Trial rulings throw up a media freedom paradox

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Trial rulings throw up a media freedom paradox by Dario Milo and Stuart Scott

                  by Dario Milo and Stuart Scott published in Sunday Times 6 July 2014

 

 

Is there room for a ‘right to be forgotten’ in South Africa?

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By Dario Milo and Avani Singh

The 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.  Indeed, in response to the European Court of Justice’s ruling, Google has already taken steps to operationalise this decision, having now released an online form (available here) for users to submit requests and announced that it is forming a committee to advise on how best to implement the decision.

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Electoral Court says “no comment”: DA must retract SMS saying Zuma ‘stole’

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By Dario Milo and Ben Winks

On the very eve of democratic South Africa’s fifth general election, the Electoral Court delivered a landmark judgment on the rules of electoral engagement, setting a standard for the way political parties express themselves in future elections. The background to this decision, available here, is set out below. Continue reading

Was the High Court right to find that the DA’s SMS saying Zuma ‘stole’ was fair comment?

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By Dario Milo and Ben Winks

Last Friday, 4 April 2014, the Johannesburg High Court ruled that it was ‘fair comment’ for the Democratic Alliance (DA) to label President Zuma a thief in a bulk SMS sent to over 1.5 million recipients last month. The judgment raises important questions about the boundaries of free speech in a democratic society. Continue reading