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Internet Law - Magic Notes
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PROTEA TECHNOLOGY V WAINERThe High Court was tasked with evaluating whether or not the employee’s right to
privacy was violated by the interception of an indirect communication by the
employer. The Court made particular reference to the scope of the right to privacy,
ruling that the right to privacy only exists where there is a legitimate expectation to it,
as the scope of a person’s privacy extends only to those aspects in regard to which a
legitimate expectation of privacy can be harboured. The court ultimately ruled that
that where an employee has communications pertaining to the business of the
employer, the communications do not fall within the ambit of the right to privacy and
thus, the employer is entitled to demand and obtain a full account as the employee
can furnish and these conversations did not enjoy constitutional protection.
CASE V MINISTER OF SAFETY AND SECURITY
The case concerned a challenge to the constitutionality of section 2(1) of the
Indecent or Obscene Photographic Matter Act, which prohibited the possession of
indecent or obscene photographic matter. The court ultimately declared s2 (1) as
invalid. In a judgment delivered by Didcott J on behalf of the majority of the Court, it
was held that s 2(1) constituted an infringement of the right to personal privacy
guaranteed by s 13 of the interim Constitution. The invasion of the right to privacy,
the Court held, was aggravated by the very broad definition of indecent or obscene
photographic matter contained in the Act. The Court held that the infringement of the
right to privacy was neither reasonable nor justifiable in terms of s 33(1) of the
Constitution and therefore s 2(1) was unconstitutional.
The Court did, however, note that an invasion of privacy may be permissible in terms
of the limitation clause, where the material concerned was so malicious that a ban on
its possession could be said to serve a useful purpose in the campaign against the
production of such material. This was not, however, the case in respect of the
challenged section because the section covered innocuous material that deserved to
be protected by the constitutional right to privacy.
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