Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 22 : Conduct of Proceedings154. Prohibition of publication of certain information relating to criminal proceedings |
| (1) | Where a court under section 153(1) on any of the grounds referred to in that subsection directs that the public or any class thereof shall not be present at any proceedings or part thereof, the court may direct that no information relating to the proceedings or any part thereof held behind closed doors shall be published in any manner whatever: Provided that a direction by the court shall not prevent the publication of information relating to the name and personal particulars of the accused, the charge against him, the plea, the verdict and the sentence, unless the court is of the opinion that the publication of any part of such information might defeat the object of its direction under section 153(1), in which event the court may direct that such part shall not be published. |
| (2) |
| (a) | Where a court under section 153(3) directs that any person or class of persons shall not be present at criminal proceedings or where any person is in terms of section 153(3A) not admitted at criminal proceedings, no person shall publish in any manner whatever any information which might reveal the identity of any complainant in the proceedings: Provided that the presiding judge or judicial officer may authorise the publication of such information if he is of the opinion that such publication would be just and equitable. |
[Section 154(2)(a) substituted by section 3 of Act No. 103 of 1987]
| (b) | 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. |
| (3) | No person shall publish in any manner whatever any information which reveals or may reveal the identity of an accused under the age of eighteen years or of a witness at criminal proceedings who is under the age of eighteen years: Provided that the presiding judge or judicial officer may authorise the publication of so much of such information as he may deem fit if the publication thereof would in his opinion be just and equitable and in the interest of any particular person. |
| (4) | No prohibition or direction under this section shall apply with reference to the publication in the form of a bona fide law report of— |
| (a) | information for the purpose of reporting any question of law relating to the proceedings in question; or |
| (b) | any decision or ruling given by any court on such question, |
if such report does not mention the name of the person charged or of the person against whom or in connection with whom the offence in question was alleged to have been committed or of any witness at such proceedings, and does not mention the place where the offence in question was alleged to have been committed.
| (5) | Any person who publishes any information in contravention of this section or contrary to any direction or authority under this section or who in any manner whatever reveals the identity of a witness in contravention of a direction under section 153(2), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. |
[Section 154(5) substituted by section 68 of Act No. 32 of 2007]
| (6) | The provisions of section 300 are applicable, with the changes required by the context, upon the conviction of a person in terms of subsection (5) and if— |
| (a) | the criminal proceedings that gave rise to the publication of information or the revelation of identity as contemplated in that subsection related to a charge that an accused person committed or attempted to commit any sexual act as contemplated in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, towards or in connection with any other person or any act for the purpose of procuring or furthering the commission of a sexual act, as contemplated in that Act, towards or in connection with any other person; and |
| (b) | the other person referred to in paragraph (a) suffered any physical, psychological or other injury or loss of income or support. |
[Section 154(6) inserted by section 68 of Act No. 32 of 2007]
