Apcan Security has urged the community to be careful of what they publish on social media such as WhatsApp, Facebook and Twitter as they might be in contravention of the law. The bone of contention is largely the publishing of photographs, which includes any picture, visually perceptible image, depiction or any other similar representation of the person concerned. In relation to a photograph or sketch, it includes to exhibit, show, televise, represent or reproduce.
Section 69 of the South African Police Service Act 68 of 1995 states:
” …
2. No person may, without the written permission of the National or Provincial Commissioner, publish a photograph or sketch of a person –
a) who is suspected of having committed an offence and who is in custody pending a decision to institute criminal proceedings against him or her;
b) who is in custody pending the commencement of criminal proceedings in which he or she is an accused; or
c) who is or may reasonably be expected to be a witness in criminal proceedings and who is in custody pending the commencement of his or her testimony in such proceedings.
3) Any person who publishes a photograph or sketch in contravention of subsection (2), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.”
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