A Mediaonline article published this week does an excellent job of laying out some of the legal considerations governing the publication of sensitive material in South Africa.
The article carries interviews with the people involved in looking at the legal ramifications of Jacques Pauw’s book, The President’s Keeper, (one of whom is my sister Gill Moodie) and notes that while something may ordinarily be dangerous to publish, the factor of “public interest” can come into play and make publication justifiable:
The next step is to ensure that what the journalist/author intends to publish is of public interest. This is vital because it can be used as a defence in a number of instances. De Klerk explains, “The law protects privacy for example, but privacy can be overridden if there is an overriding public interest present”.
In other words, you could argue that you published something defamatory or illegal because you believed it was in the public interest.
But what is “public interest”? Continue reading