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South African Police Service Act, 1995 (Act No. 68 of 1995)

Chapter 13 : Offences

69. Prohibition on publication of photographs or sketches of certain persons in custody

 

(1) For the purposes of this section—

"photograph" includes any picture, visually perceptible image, depiction or any other similar representation of the person concerned; and

"publish", in relation to a photograph or sketch, includes to exhibit, show, televise, represent or reproduce.

 

(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 reasonable 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.

 

[Section 69 substituted by section 6 of Act No. 41 of 1997]