Sep 182009
 September 18, 2009  Posted by  Breaches, Non-U.S.

Dario Milo and Greg Palmer are Webber Wentzel in Johannesburg. The have a commentary on the expectation of privacy and the media:

Caster Semenya, the newly crowned 800m world champion, entered the international spotlight when an Australian newspaper, the Daily Telegraph, sensationally claimed that testing by sports administrators had shown she was a hermaphrodite.

The claims, which were based on a confidential source close to the testing process, were then covered by the South African media in the form of news reports, as well as commentary.

The saga gives rise to interesting legal questions about the conduct of the media in prematurely reporting the alleged results of confidential tests conducted by the International Association of Athletics Federations (IAAF).

A starting point is to ask whether, if a South African newspaper had obtained the results, it would have been within its free speech rights to publish them.

Read more in IOL (ZA).

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