GEORGE NEWS - Administrators and members of WhatsApp groups, specifically those related to neighbourhood watches, community police forums, crime or police sectors, must think twice before posting photos of alleged suspects on their groups.
This is, simply put, illegal.
"Publishing a photo identifying an alleged suspect in a crime on WhatsApp or any other social media platform before that person has appeared in a court of law, is illegal," says Southern Cape Police Spokesperson, Capt Malcolm Pojie.
The South African Police Service Act strictly forbids this.
The same applies to pictures of anybody who might be a witness in a criminal case.
Sexual offenders are not allowed to be identified until they plead in court, and even then they can only be identified if it does not directly or indirectly identify the victim. Minors (children under the age of 18) are not allowed to be identified at all.
"Members of neighbourhood watches often take pictures of suspects at crime scenes, which is allowed.
"However, the moment you send the picture to someone else or post it on any social media platform, it is considered published," he said. "This could land the publisher in very hot water as it could lead to vigilantism or a charge of defeating the ends of justice by hampering a pending investigation," says Pojie.
A hefty fine, 12 months' imprisonment or a massive civil suit could await you, should you post a picture of any perceived criminal on any social media platform.
In addition to the Police Act, section 35 of the constitution affords every citizen the right to a fair trial. Therefore the publication of a photo identifying the alleged perpetrator could render the trial unfair and it might result in the suspect being acquitted.
The same applies if the perpetrator is identified in public before an identity parade has taken place.
The only exception applies when the investigating officer on the scene gives his permission for the picture to be published.
Southern Cape Police Spokesperson, Capt Malcolm Pojie
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