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PER: Potchefstroomse Elektroniese Regsblad

Print version ISSN 1727-3781

Abstract

ALBERTUS, L. Has the balance been struck? The decision in Johncom Media investments limited v M 2009 4 SA 7 (CC). PER [online]. 2011, vol.14, n.1, pp. 216-234. ISSN 1727-3781.

The case of Johncom Media Investments Limited v M 2009 4 SA 7 (CC) required of the Constitutional Court to strike a balance between the rights to privacy and the right to freedom of expression as a consequence of section 12 of the Divorce Act 70 of 1979. According to the Court, it felt that the "remedy" it provided was the best under the circumstances. However, there are certain concerns regarding the Court's judgment which require clarification, possibly through legislative intervention.

Keywords : Section 12 of the Divorce Act; right to freedom of expression; right to privacy; Law Reform Commission Report.

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