Margharet van Wyk’s privacy was invaded – law expert

2016-08-26 15:18
Twitter. (Duncan Alfreds, News24)

Twitter. (Duncan Alfreds, News24)

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Johannesburg - The privacy of North West hockey mother Margharet van Wyk was violated after a picture of her genitals was posted on social media, a law expert said on Friday.

"Without being privy to all the facts, it appears that her right to dignity and privacy was indeed infringed upon when the picture was published as it was not intended for the general public," associate attorney at Willem de Klerk Attorneys Hugo Homann said.

Homann said if it was proven that her right to dignity and privacy was violated, she would be entitled to sue the responsible parties for damages.

READ: 4 ways to avoid social media disasters

Margharet van Wyk has been trending on Facebook and Twitter with members of the public flooding social media with the hashtag #margaretvanwyk after the picture was posted online.

It was reported that Van Wyk posted the picture of her vagina in a hockey mothers' WhatsApp group.

The picture was intended for her husband.

According to reports, one of the group's members took a screenshot of the image and posted it online.

Homann said the people who shared the picture have some measure of liability.

A second law expert, Ryan Ishmail from RC Ishmail Attorneys said if a person sends a photograph like Van Wyk intentionally, he or she could be charged with “flashing” under section 9 of the 2007 Criminal Law Amendment. 

Ishmail said the whatsapp group members could be charged with Crimen Injuria, which is unlawfully, intentionally and seriously impairing the dignity of another.

“If one of the members of the whatsapp group is under 18 they could be charged with section 19 of the same act which relates to exposing pornography to children,” he said.

North West police spokesperson Colonel Sabata Mokgabone said Van Wyk had not opened a case with the police by Friday 12:00.
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