“In considering the issues before it the SCA had to make an enquiry, which was whether the publication of personal information in certain Facebook posts was protected by the right to freedom of expression,” said independent tax and legal firm Andersen.On 23 September 2019, whilst traversing the farm in an adventure ride, the cyclist noticed two cages containing a dead baboon and a dead porcupine.
The post generated several comments mostly in condemnation of the owner’s practice of trapping animals. The owner defended his position by stating that he had a valid permit to hunt, capture and/or kill baboons and porcupines.
The finding in favour of the owner led to an appeal in the Supreme Court of Appeal by the conservationist.In summary, the Supreme Court of Appeal made three significant findings, said Andersen. Thirdly, the Supreme Court of Appeal found that the High Court failed to recognise that publicising the truth about the farm owner’s animal trapping activities, to which the public have access and interest, does not violate his right to privacy.
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