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S v Van Breda (SS17/16) [2017] ZAWCHC 120 (31 October 2017)
The High Court refused an application to suspend livestreaming and television broadcast of the accused’s testimony, finding no real risk of substantial prejudice.
Midi Television (Pty) Ltd v Director of Public Prosecutions (Western Cape) (100/06) [2007] ZASCA 56; [2007] 3 All SA 318 (SCA); 2007 (9) BCLR 958 (SCA); 2007 (5) SA 540 (SCA); 2007 (2) SACR 493 (SCA) (18 May 2007)
The Supreme Court of Appeal held that the order compelling Midi Television to provide the documentary to the DPP prior to broadcast was not supported by any law, statute, or constitutional provision. The mere possibility or speculation of prejudice to the administration of justice does not justify prior restraint. The limitation of media freedom must be justified under section 36 of the Constitution, requiring demonstrable and substantial prejudice and a real risk thereof. No such risk was established on the evidence. The DPP's concerns were speculative, and there was no clear right entitling…
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