South Africa: Media law and free speech in 2015 and 2016 so far – Dario Milo

1 03 2016

Dario-MiloThe most important case of 2015 for the media in South Africa (even though it didn’t involve the media directly) was City of Cape Town v Sanral, as a result of which, once court documents are filed in court, we can now generally regard them as public documents.   Read the rest of this entry »





South Africa: The case against criminal defamation – Dario Milo

29 09 2015

Case against Criminal DefamationThe ANC has dropped a welcome bombshell, saying the law has a chilling effect on free speech. One of the most significant events in the recent South African history of free speech and media law happened last Saturday at a workshop on criminal defamation, arranged by the ANC’s legal research group. Read the rest of this entry »





South Africa: Are some politicians scandalising the courts? – Dario Milo

30 07 2015

South-African-Constitutional-CourtIn recent weeks, following the Al-Bashir scandal, some of our most powerful politicians have made provocative statements highly critical of aspects of our judiciary. Read the rest of this entry »





South Africa: Access to court papers is part of open justice – Dario Milo and Stuart Scott

2 07 2015

Dario-MiloJustice must not only be done, it must be seen to be done. This is the essence of the principle of open justice. Put differently, the public has a right to have access to the courts, to observe how matters will be decided and to obtain court documents relating to those cases. Read the rest of this entry »





Case Law, South Africa: City of Cape Town v Sanral, “It tolls for open justice” – Dario Milo

9 04 2015

Cape TownLast week, the South African Supreme Court of Appeal (SCA) handed down its decision ( [2015] ZASCA 58) in the appeal by the City of Cape Town against a Western Cape High Court decision which had dramatically undermined the principle of open justice. Read the rest of this entry »





South Africa: 2014, a bumper year for media law – Dario Milo

29 01 2015

Oscar Pistorius trial2014 was an important year for the media. The South African courts handed down a number of significant rulings – some good, some bad, and some ugly. I’ll discuss some of the most important cases here. Read the rest of this entry »





Lights, Camera, Oscar!*: Did Judge Masipa find in her judgment that the broadcast led to an unfair trial? – Dario Milo and Stuart Scott

21 10 2014

Judge Thokozile Masipa has, today, sentenced Oscar Pistorius to 5 years’ imprisonment in respect of his conviction for culpable homicide. Judge Masipa’s judgment in respect of the conviction, handed down last month, led to a sea of divided opinion. Read the rest of this entry »








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