De Reuck v. Director of Public Prosecutions (Witwatersrand Local Division)

2004 (3) SA 345 (2004)

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De Reuck v. Director of Public Prosecutions (Witwatersrand Local Division)

South Africa Constitutional Court
2004 (3) SA 345 (2004)

Facts

The prosecutor (plaintiff) in Witwatersrand, South Africa, successfully prosecuted Tasco Luc De Reuck (defendant), a film producer, for producing child pornography. Under South African law, the production of real or imaginary images that depict a child engaged or participating in sexual conduct, the display of a child’s genitals, or a child assisting another to engage in sexual conduct constitutes prohibited child pornography. De Reuck argued that the child-pornography law was unconstitutional, infringing on his rights to freedom of expression and privacy. The prosecutor relied on American law that held that not all forms of speech are protected in a pornography-related case. That court held that if the prohibited act under the law does not further traditional freedom of expression values, such as truth-seeking, political activity, or self-fulfillment, the law does not encroach on constitutional rights. The trial court agreed with the prosecutor, as did the high court on appeal by De Reuck. De Reuck appealed to the South Africa Constitutional Court.

Rule of Law

Issue

Holding and Reasoning (Langa, J.)

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