SACHS J
countenance when it targets communicative matter, which may vary from the artistic “laughter of
genius” famously referred to by D.H. Lawrence, to the egregious degradation of the videos seized
in the present case. Such material covers a range significantly different from, say, stolen goods,
drugs or arms, the intrinsic harmfulness of which are universally recognised. Indeed, it seems
strange that what one can do in one’s bedroom one cannot look at in one’s bedroom. The
definitional overbreadth and operational heavy-handedness are common to invasions both of free
expression and of privacy. I do not feel it necessary or even advantageous to confine my decision
to the infringement either of expression or of privacy, since there is so much overlap between
them. For these reasons, I concur in the order proposed by Mokgoro J.
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