Explainer: This is why you can’t show a suspect’s face on social media

Three men were arrested at a lodge on Quarry Road West in Sydenham at the weekend. Their faces are blurred because they had not appeared in court. Picture: SAPS/Supplied

Three men were arrested at a lodge on Quarry Road West in Sydenham at the weekend. Their faces are blurred because they had not appeared in court. Picture: SAPS/Supplied

Published Dec 11, 2023

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A photograph of three suspects with blurred faces has once again sparked questions around why suspects’ faces are either blocked or blurred when they are arrested.

The suspects, aged 19, 23 and 56, were arrested at a lodge in Quarry Road West in Sydenham. They are linked to the theft of a vehicle and possession of firearms.

KwaZulu-Natal police spokesperson, Colonel Robert Netshiunda, said the suspects, who claimed to be from Delft in Cape Town, were arrested and investigations into their possible mission are under way.

"With Sydenham known for persistent drug turf wars, police believe that the suspects, who booked into the lodge possibly to carry out a hit in the area," Netshiunda said.

The images were shared on various social media platforms, with residents wanting to know why the suspects’ faces were blurred.

According to Crime Watch, it is against the law to publish a suspect's face on social media before he or she has appeared in court.

"The same applies to pictures of anybody who might be a witness in a criminal case. The South African Police Service Act strictly forbids this," Crime Watch said.

Durban-based private security group, Marshall Security, explained that Section 69 of the South African Police Services Act, states that no one may publish a photograph or sketch of a suspect without written consent from the national or provincial police commissioner, and anyone who publishes such a photograph shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.

Marshall Security’s Dave Campbell added that publishing a photograph prior to a suspect appearing in court can interfere with the investigation and successful prosecution.

There have been several instances where a suspect’s legal representatives have argued that their client was prejudiced after their faces were shown on social media.

“If a witness needs to identify an accused in an identity parade, it could be argued by the defence that the witness has been tainted by seeing the accused’s face in the media,” Campbell said.

It’s also worth noting that publishing a suspect’s face prematurely could be unfair to the suspect if he or she is found not guilty.

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