Protection Order Pending Criminal Proceedings

What the section does

A complainant who lays a charge with SAPS alleging an offence under section 14, 15 or 16 may apply, on an ex parte basis and in the prescribed form and manner, to a magistrate's court for a protection order pending finalisation of the criminal proceedings.

Key points

• The application concerns alleged offences under sections 14, 15 or 16.
• The court may prohibit disclosure or further disclosure of the relevant data message.
• The court may order an electronic communications service provider to remove or disable access to the relevant data message.
• The court considers whether there is prima facie evidence and whether reasonable grounds exist concerning the person who disclosed the message or the service used.
• The order operates from the time it is issued and brought to the attention of the relevant person or service provider, subject to the Act's requirements.

What this means in practice

This is particularly important where harmful material remains online while a criminal matter is still being dealt with.