Crimes Against Dignity, Reputation And Freedom Of (2)

Crimes against Dignity, Reputation and Freedom of Movement

Why criminalizing such acts? • Art. 8 = i) right to human dignity; ii) human dignity is inviolable iii) human dignity non-derogable right (art. 24(3)) • Art. 21 (10)(g)= freedom of movement

Crimes to be covered: 1.Crimen iniuria 2.Criminal defamation 3.Kidnapping

Crimen iniuria v criminal defamation • Distinct/different crimes • Dignity and privacy = different concepts or interest • ? Interests protected → crimen iniuria? • Example? • ? Interests protected → criminal defamation ? • Example?

Crimen iniuria v criminal defamation (continues) Crimen iniuria

Criminal Defamation

i) What is punished? (IP?)

Violation of the dignity Violation of the good or privacy of another name or reputation (DP) of another (GRN)

ii) Parties Involve

1.The wrongdoer (X) 1. The person who 2. The complainant (Y) makes the defamatory statement (DS) = X 2. The complainant (Y) 3. The third-party (one or more people) to whose knowledge the DS must come to.

1. Crimen iniuria Elements are: i. The infringement ii. of another’s dignity or privacy iii. which is serious iv.unlawfulness v. intentional

Activity I Bert is a university library assistant who meets Maxine, a student, in the course of her use of the library on a daily basis. Having invited her out for dinner on many occasions without success, Bert proceeds to call Maxine at least four times every night. Sometimes he would say nothing, other times he would be abusive. Soon Maxine notices Bert taking photographs of her at the supermarket and various other places. Maxine confronts Bert and asks him to leave her alone. Bert replies that he loves her and will not rest until she agrees to become his. Maxine becomes depressed. She becomes apprehensive about studying in the library and fearful of personal violence whenever she is alone. A consultant psychiatrist diagnoses her as suffering from a severe depressive illness. Discuss.

Case Study I No wonder he cant get that new Job. Johnny Be Good had been applying for all of the programming, internet, and web oriented jobs he could find. He had 8 years of experience was a degree from a reputable university, had great references, and was a very nice guy. But no one would hire him! After being rejected for a Job at a large department store in the electronics department and not getting hired, he was so baffled he actually called the store manager several times begging for the real reason why. Finally the truth comes to surface, he was not hired because of the "negative public lifestyle" he lived, which was discovered by simply searching his name on Google. Mike immediately started researching online and found that his Ex-Lover had went far out of her way to tell a few false stories about Mike on dozens of public chat forums. She would tell how he used drugs, sold drugs, liked kinky sex, liked to hit her, abused her, made her do bad things, and made a living as a thug and criminal. These online posts were all false lies and pure slander and defamation of character.

Infringement of PIs • Two elements = 1.subjective element 2. objective elements 1.subjective element (infringement of dignity): Y must be (a) aware of X’s offending behavior and (b) feel degraded or humiliated Exception: i). Young children ii). Mentally ill persons

Infringement of PIs (continue) subjective element (invasion of privacy): Rule: need Not to establish whether Y was aware 2. Objective element Rule/test: whether conduct would offend feelings of a reasonable person

Criminal defamation Shailemo wins defamation case against Nghaamwa The defamation case brought by the RDP’s Oshikoto Chairman Ismael Shailemo against Ohangwena Governor Usko Nghaamwa, was settled in Shailemo’s favour in the High Court this week. The charge of defamation arose from statements made by Nghaamwa at a Swapo Party rally at Onanghulo village, in the Ohangwena Region, on December 10 2007. At the event, Nghaamwa publicly alleged that Shailemo, as chairman of the Mangetti Farmers Association, was a criminal who had cheated Mangetti farmers by selling their cattle in the Democratic Republic of Congo, and then refused to pay the farmers. Shailemo brought a N$500 000 defamation action against Nghaamwa over the utterances. The High Court has awarded Shailemo an undisclosed amount, which is currently being worked out between lawyers. By: The Namibian, OSWALD SHIVUTE, 19.06.09

Elements 1. the publication 2. of a defamatory allegation concerning another which is 3. serious and which is 4. unlawful and 5. intentional

Defences 1. TRUTH (OR JUSTIFICATION) and it’s a MATTER OF PUBLIC INTEREST 2. FAIR COMMENT 3. PRIVILEGE

Kidnapping • Self study!!!!!