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

Cases

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Latitude: -31.005484474142992

Longitude: 23.460146846172638

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Gender of victim

Gender of accused/perpetrator

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.

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