POLL | Is it fair for public figures’ arrest images to be shared on social media?
The rise of official government social media accounts streaming roadblock operations and arrest photos and videos has triggered a major debate over public accountability versus constitutional privacy rights.
In South Africa, the KwaZulu-Natal department of transport has published photos and footage of motorists arrested during its province-wide roadblock campaign, Nenzani La Ezweni. The operations targeting drunken driving, excessive speeding, and unroadworthy vehicles have frequently named the professions of those arrested, including lawyers, police officers, teachers, and priests.
High-profile arrests such as actress Asavela Mqokiyana, who was recently caught driving at 198 km/h in a 120 km/h zone on the N2 near Scottburgh, quickly ignite viral discussion across social platforms.
However, legal experts warn that this “name and shame” strategy crosses serious legal boundaries.
Legal expert Mpumelelo Zikalala has strongly criticised government departments for publishing images and videos of suspects before court appearances, warning that this violates suspects’ constitutional rights.
“It is not permitted to distribute images of individuals who have not yet appeared in court. Photographing motorists and posting their pictures for purposes of naming and shaming on social media is unlawful,” Zikalala said.
He emphasised that blurring faces did not eliminate legal risks: “They are merely suspects of crimes they allegedly committed. Although the department may argue that faces were blurred, people who know these motorists well can still identify them from the images and videos,” Zikalala said.
He cautioned that individuals whose pictures are published online could pursue defamation of character lawsuits or crimen injuria claims against the state, particularly if they are subsequently acquitted in court.
In response to concerns surrounding suspect privacy, KwaZulu-Natal transport spokesperson Ndabezinhle Sibiya defended the operations, highlighting the campaign’s effect on deterrence and road safety.