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Constitutional Law [2018] ZASCA 140

Centre for Child Law and Others v Media 24 Limited and Others (871/2017)

Centre for Child Law and Others v Media 24 Limited and Others (871/2017) [2018] ZASCA 140; 2018 (2) SACR 696 (SCA); [2018] 4 All SA 615 (SCA) (28 September 2018)

Section 154(3) of the Criminal Procedure Act is constitutionally invalid to the extent that it fails to protect the anonymity of children as victims of crime at criminal proceedings. The exclusion of child victims from anonymity protection is irrational and breaches the right to equal protection under section 9(1) of the Constitution. The limitation on media freedom and open justice imposed by extending anonymity protection to child victims is reasonable and justifiable under section 36, given the vulnerability of children and the psychological harm caused by identification. However, the exte…

  • Child Anonymity In Criminal Proceedings
  • Bill Of Rights Limitation
  • Best Interests Of The Child
  • Open Justice Principle
  • Freedom Of Expression
  • Constitutional Invalidity
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