A mistrial for Oscar Pistorius? We think not

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by Dario Milo and Stuart Scott

On 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’s version of events.

Since the broadcast, there has been a cloudburst of media attention dedicated to the issue and what it means for the trial.  Indeed, various reports around the world have used buzz words like “mistrial” quite liberally.

But could the publication of the video down under amount to a mistrial?

We submit not.

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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