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Hendrick Pieter Le Roux and others v Louis Dey children and the limits of freedom of expression

Cases

Country

Latitude: -31.005484474142992

Longitude: 23.460146846172638

Country (linked Cases): South Africa

Court location: South Africa: Gauteng

Court: South Africa: Constitutional Court, South Africa

Date of judgement: Mar 8, 2011

Keywords

Defamation
Right to dignity

Gender of victim

Male: Man (18+)

Gender of accused/perpetrator

Gender not specified

Language: English

Summary: This case concerns the schoolchildren (Applicants) who were involved in the creation and distribution of an image in which the face of the respondent, was superimposed alongside that of the school principle (Mr Dey) on an image of two naked men sitting in a sexually suggestive posture. Dr Dey instituted action in the High Court for recompense on the basis of defamation and on the injury to his feelings. The High court upheld both claims and granted a composite aware of R45, 000 in damages. The applicants emphasized their freedom of expression and stressed the rights of children to freedom of expression and satirical expression. In the courts judgment, it was stated that the image wasn’t defamatory but it infringed on Dr Deys personal dignity. In conclusion the court ordered the applicants to pay Dr Dey R25, 000 as compensation. The applicants were also ordered to provide an apology to Dr Dey for the injury they caused. They were also jointly ordered to pay Dr Dey’s costs in the high court.

Primary Documents

Hendrick Pieter Le Roux and others v Louis Dey - children and the limits of freedom of expression.pdf
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Hendrick Pieter Le Roux and others v Louis Dey children and the limits of freedom of expression

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