Why you should think twice before posting suspects’ photos online
The Police have raised concerns about photos and/or videos
of suspects being posted on social media platforms and how the risk associated
with it may have a negative impact on judicial procedures.
The following points should be noted:
- A SAPS identity parade will not
be conclusive: It may be argued that the witness or victim saw the suspect’s
face on social media and identified the suspect based on the image portrayed
rather than physically having seen the suspect commit the crime.
- The suspect may not be charged
for the criminal incident.
- Pictures or videos may alert
the suspect and their accomplices that the police are aware of who they are:
This may lead to the suspects fleeing without being caught.
The South African
Police Services Act 68 OF 1995
Section 69
Prohibition
on publication of photographs or sketches of certain persons in custody
(1) For the purposes of this section-‘photograph’includes any picture, visually perceptible image, depiction or any other similar representation of the person concerned; and’publish’, in relation to a photograph or sketch, includes to exhibit, show, televise,represent or reproduce.
(2) No person may, without the written permission of the National or Provincial Commissioner, publish a photograph or sketch of a person
(a) who is suspected of having committed an offence and who is in custody pending a decision to institute criminal proceedings against him or her;
(b) who is in custody pending the commencement of criminal proceedings in which he or she is an accused; or
(c) who is or may reasonably be expected to be a witness in criminal proceedings and who is in custody pending the commencement of his or her testimony in such proceedings.
(3) Any person who publishes a photograph or sketch in contravention of subsection (2), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.
It is for this reason that we do not allow photos of previously convictedor arrested suspects to be posted in our emergency channels.