For immediate release

Media Monitoring Africa (MMA) confirms its participation in the significant SAHRC v Lagardien matter, where it will assist the court in navigating the complex interplay between fundamental rights in a diverse society. MMA emphasizes the critical need to balance the rights to dignity, equality, freedom of religion, and freedom of expression, particularly in the evolving landscape of public and private communication.

The case, which centers on the placement of a sign and the dissemination of information within a WhatsApp group alleged to incite harm against the LGBTQI+ community, presents nuanced challenges regarding contemporary communication methods. MMA will advocate for remedies rooted in restorative and alternative justice approaches, highlighting the crucial role of an apology in repairing harm and restoring dignity.

Why This Case is Important:

This case holds profound implications for fostering tolerance and embracing diversity within South Africa. It directly addresses the constitutional values enshrined in the Bill of Rights and seeks to clarify the boundaries of public and private communication, especially on online platforms. The outcome will be vital in addressing the potential misuse of religious beliefs to incite harm against vulnerable communities.

Issues at Stake:

• Balancing fundamental rights: The core challenge lies in harmonizing the often-competing rights to dignity and equality, freedom of religion, and freedom of expression.
• Defining communication boundaries: The case will help define the scope of public versus private communication, particularly concerning digital platforms like WhatsApp.
• Effective and appropriate remedies: A key focus will be on determining suitable remedies, with MMA advocating for approaches that promote restorative justice and actively repair harm.
• Combating incitement to harm: The proceedings will address how to prevent religious beliefs from being weaponized to incite harm against the LGBTQI+ community.
• Freedom of expression in the digital era: The case offers an opportunity to clarify the complexities of freedom of expression in the digital age and its responsibilities.

MMA remains committed to upholding media freedom while ensuring it does not infringe upon the dignity and equality of all individuals. We believe the court’s decision in this matter will contribute significantly to a more tolerant and inclusive society.

Our heads of argument can be read here and more information about the case can be found here or on our website here.

For more information contact:

William Bird

Director 

williamb@mma.org.za; +27 82 887 1370

About Media Monitoring Africa (MMA): MMA is a non-profit organization that promotes human rights and democracy through the media. MMA strives for open and trusted information that one can trust and works to foster media accountability, ethical journalism, and a media landscape that serves the public interest.