Online Safety Commission Wrong, Says Naidu

Respected lawyer Richard Naidu says the Online Safety Commission has misinterpreted the law and wrongly threatened media organisations over the circulation of a video showing a senior corrections officer involved in a nightclub brawl.

In a public statement, Naidu said the Commission’s warning of “consequences” for sharing the video was “unwarranted and ill-judged,” and contrary to its claim of supporting freedom of expression and public interest journalism.

“Sorry, but you are wrong and you owe it to the public to get it right,” Naidu stated bluntly.

He explained that for Section 24 of the Online Safety Act to apply, there must be an intent to harm an individual — which is not the case when the media or the public are holding a public official accountable for conduct in a public place.

“In simple terms, section 24 exists to protect people vulnerable to the publication of private photos, messages or personal matters that have no legitimate public interest. It does not exist to protect public figures from embarrassment.”

Naidu reminded the Commission that the right to freedom of expression under Section 17 of the Constitution includes the right to receive and share information — particularly when it concerns public officials.

“You say that respect for the rule of law must guide our actions. So please re-think your statement with due respect to citizens’ freedom,” he said.