Khomani Desert San - Northern Cape, South Africa

The San are the aboriginal people of South Africa. Their distinct hunter-gatherer culture stretches back over 20 000 years, and their genetic origins reach back over one million years. Recent research indicates that the San are the oldest genetic stock of contemporary humanity.


Why We Don’t Share Images and Registration Numbers of Suspects and/or Vehicles on SOS Groups

As a member of a number of SOS WhatsApp groups I see many people very angry at admins deleting images of suspects in the neighbourhood.

When it comes to journalists reporting, the basic rule is that a ‘suspect’ may only be identified once charged in a court of law i.e. after a decision to prosecute has been made or criminal proceedings have started. Something that our keyboard warriors think they can bypass in their entitlement.

Journalists have no special privileges above a member of the public so all are bound to follow Section 154 (2)(b) of the Criminal Procedure Act 51 of 1977 which stipulates that: “No person shall at any stage before the appearance of an accused in a court upon any charge referred to in section 153 (3) or at any stage after such appearance but before the accused has pleaded to the charge, publish in any manner whatever any information relating to the charge in question”.

Failing to do so may result in a hefty fine, 12 months’ imprisonment or a massive civil suit for defamation of character, should you post a picture of any “perceived criminal” on a social media platform and they are arrested and detained unlawfully.

Contravening the Criminal Procedure Act by identifying alleged perpetrators before they have pleaded is a criminal offence. Those found guilty can be either fined, or jailed for up to three years. If the person who has been wrongfully identified is under 18-years-old, the imprisonment could be five years.

All defence attorneys are aware that their clients images may have been shared on Social Media (Yes, WhatsApp is a social media) and often that will represent one tool in their belt as any suspected criminal can be acquitted by the court after arguing that his/her conviction was based on a prejudicial identity parade since his/her pictures were all over social media before the parade. A suspect is more likely to walk free from a criminal case if his or her identity has been publicised on social media platforms. This also applies to vehicle registration numbers as this may lead to cases of mistaken identity. The importance of following the identity parade procedures, as conducted by a senior police officer in line with the country’s criminal procedures, is essential for a successful prosecution.

Hands up if you have seen the following messages around suspects:

  • “Do we have a photo to identify him?”
  • “Just because something is law……. (Popi) does not mean that it is right. People need to protect themselves.”
  • “If I can get his details we can have him arrested.”
  • “How am I supposed to protect myself if I can’t see what I must be on guard against?”

Hands up if you have seen neighbours children erroneously identified as suspects with these devastating words:

  • “Two Young BMs acting suspiciously” attached to a grainy image taken over a wall and through the shrubbery by a nosy parker – who was wrong in his/her assumptions?

In addition Section 35 of the Constitution affords every citizen the right to a fair trial. The publication of a photo identifying an alleged perpetrator could thus render the trial unfair and it might result in the suspect being acquitted.

Leave the policing to the police and the law to the lawyers.

A good rule of thumb guideline is to do the following whenever you are dealing with a suspected criminal: Consult with the SAPS before publishing any identifying information/images/video on the web or any social media portal.

For those needing more guidelines as social media journalists they would be well advised to study this guideline: https://courtreporting.sanef.org.za/wp-content/uploads/SANEF-Court-Reporting-Manual-webversion-Feb-2022.pdf

More Reading:

If you still have a burning desire to publish images of a ‘suspect’ then BLUR out all identifying details. Take special note that identifying details will include logos on clothes, stickers on vehicles – anything that can be proven to be ‘almost unique’ to that person or vehicle. Photo: MyPR

CLICK HERE to submit your press release to MyPR.co.za.

Read the full article by Alan Straton here: MyPR

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