n South African Law Journal - The right to privacy and divorce trials : notes

Volume 127, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The right to freedom of speech or expression of the press and other media, and the personality right to privacy - which is particularly prone to infringements by the mass media - are recognised and protected both at common law and constitutionally in the Bill of Rights. Because freedom of speech and the right to privacy are often diametrically opposed, a careful weighing up of these conflicting rights is required. In this regard the common law succeeded in achieving a workable balance between maintaining freedom of speech on the one hand, and protecting the right to privacy on the other.

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