Freedom of speech wins over right to privacy in court battle over unethical wildlife killings

“The right to freedom of expression in section 16 of the Bill of Rights protects every citizen to express himself or herself and to receive information and ideas. The same right is accorded to activists to disseminate information to the public,” wrote judgeFor Smuts, freedom of expression as a cornerstone to constitutional democracy has won a key battle.

On 9 October 2019, Smuts posted pictures of the dead baboon and porcupine on Landmark’s Facebook pages. He included a picture of Botha holding his six-month-old daughter, which he later removed. Additionally, he posted a Google search location of Botha’s business, his home address and his telephone numbers.

“The images show a trap to capture baboons . See the porcupine in traps too. Utterly unethical, cruel and barbaric.” The post generated numerous Facebook comments mostly critical of Botha and the practice of trapping animals. In turn, people who viewed the post, “posted slanderous and insulting comments”, according to the judgment.

The right to privacy, Mathopo said, is a fundamental right that is protected under the Constitution, but “as a person moves into the world of communal, business and social interaction, the scope for the exercise of the right diminishes”.The right to privacy is not sacrosanct and must be balanced with the rights of other citizens.

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