Tasco Luc De Reuck v Director of Public prosecutions and others (2004) (1) SA 406 (CC)

Findings: Mr De Reuck has been charged with possessing and importing child pornography. The Court found that the criminalization limits the right to freedom of expression and privacy. However, the Court has found that the limitation of the rights claimed is reasonable and justifiable. Its purpose is to curb child pornography which is seen as an evil in all democratic societies. The Court concluded that the state has established three legitimate objectives which the limitation aim to serve, namely, protecting the dignity of children, stamping out the market for photographs made by abusing children and preventing a reasonable risk that images will be used to harm children. Mr De Reuck has been charged with possessing and importing child pornography. The Court found that the criminalization limits the right to freedom of expression and privacy. However, the Court has found that the limitation of the rights claimed is reasonable and justifiable. Its purpose is to curb child pornography which is seen as an evil in all democratic societies. The Court concluded that the state has established three legitimate objectives which the limitation aim to serve, namely, protecting the dignity of children, stamping out the market for photographs made by abusing children and preventing a reasonable risk that images will be used to harm children. Moreover, section 22 of the Act makes provision for an exemption procedure which permits research into child pornography if good cause is shown. Court dismissed the appeal on these grounds.