Have you fallen into a situation where you were snapped, voice recorded, or video recorded and those contents made it to social media without your permission or consent and you wished that it never happened? Then this piece is for you.
Nobody has the right to do that; everyone is absolutely banned from snapping you, recording you or video you without your consent.
The right to privacy of individuals as provided in the Constitution postulates that citizens have the fundamental right to their private lives. This provision is all-encompassing, covering the spectrum of the snapping, video recording, or voice recording of an individual.
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Nobody has the right to snap, video, or voice record you (especially in a private place) without asking for your express consent or permission first; if anybody does that, that person will be in breach of your fundamental human right; your right to privacy and you can take that person to court to seek redress.
Section 37 of the Constitution provides thus; The privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected.
This fundamental human right covers the right of an individual to enjoy a peaceful and private life. Everyone is prohibited from breaching this right. Nobody has the right to search through your house, search through your phones, search through your cars or search through your properties, etc without your permission, so also everyone is prohibited from snapping you, recording you, or videoing you at any moment without you permitting that person.
If at any point you feel that this right has been breached or is about to be breached you are to approach the court to seek redress as this is the provision of S. 46(1)of the Constitution and it provides thus; Any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Court in that State for redress.
My right to privacy has been violated in this way and I need legal assistance with this. Thank you
Hello Maureen, send us an email @ infoitooknow@gmail.com and let us know how we can be of assurance to you.
I think you need to address this issue specify the right taking pictures and voice record of one in public place and private property.
Thank you. Constitutionally, it’s very clear just like you demonstrated in the mentioned section of the constitution however, the problem is that we’re yet to even have clear judicial precedent on this issue, to understand the perspective of the court, even after cases like this has been going for years now
Well,in a public place you can film according to the constitution,so as an individual mind what u say in the public mind what u do in the public,because its public,just as u walk pass a street camera it’s the same way u walk pass or appear in someone’s phone recording and this is not an interference to ur right to privacy because you are not to be doing something private in a public space…so in following the constitutions,i believe these content creators taking videos of people unaware in a “Public space” can go free and they will not be hold accountable in the law for public filming,but in specific cases where you’re used for commercial purposes without your cosent,then you sue the person,not for breach of privacy no,but for maybe plagiarism,copyright whatever because you have the right to your own body,face as a means of advert etc….so please let’s always try to follow what its stated in the constitution and not try to interpret it towards what is not specifically stated…even right to public filming is becoming an international law now lol…so please guys,also the situation matters too,if some gad an accident and you’re filing the person naked,that can be a breach to privacy,at the same time it isn’t, you can censor it,if u want,or u may not….but in any case u feel you’ve been violated,its best to call your lawyer and speak to them,or you seek the court for redress…let’s be guided,ignorance of the law is not an excuse.