Media Law Newsletter – August 2014

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Media Newsletter 2

You can read the Webber Wentzel Media Newsletter here.

In this issue:

Recent work by the Webber Wentzel Media Team:

Griekwastad convicted murderer turns 18 — now may we identify him?

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By Dario Milo and Stuart Scott

Journalists need to take great care, from a legal and ethical perspective, when reporting on cases involving a child accused. This post deals only with the legal position.  Under our law, section 154(3) of the Criminal Procedure Act provides that no person shall publish any information which reveals or even which may reveal the identity of an accused, or witness in criminal proceedings, who is under the age of 18 unless the presiding judicial officer authorises the publication of such information. Breaching the provision is a serious criminal offence and those found guilty could be sentenced to a fine or 5 years’ imprisonment (or even both).

The position in relation to a child accused is thus reasonably clear. But what happens when a child accused attains majority during criminal proceedings or where a teenager is convicted turns 18 and there is a pending appeal? These questions have been brought sharply into focus as the teenager, who was sentenced on 13 August 2014 to 20 years in prison for the so-called Griekwastad murders, reportedly turns 18 today.

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