Midi Television (Pty) Ltd v Director of Public Prosecutions (Western Cape)

Following a highly publicised murder of an infant in Cape Town, Midi Television (trading as e-tv) produced a documentary about the crime and its impact on the victim’s family, including interviews with witnesses. After suspects were arrested and charged, e-tv scheduled the documentary for broadcast. The Director of Public Prosecutions (Western Cape) sought an urgent High Court order prohibiting broadcast unless the DPP was first given a copy of the documentary and time to assess whether it might prejudice the pending criminal trial. The High Court granted the order, effectively compelling pre-broadcast disclosure to the DPP. Midi Television appealed to the Supreme Court of Appeal.

The appeal was upheld and the High Court order prohibiting broadcast unless the documentary was first furnished to the DPP was set aside.

This case is a leading South African authority on prior restraint of the media and the reconciliation of press freedom with fair trial rights. It affirms a stringent constitutional threshold for restricting publication, aligns South African law with comparative democratic jurisprudence, and rejects speculative claims of prejudice as a basis for limiting media freedom.