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Kumalo v Cycle Lab (Pty) Ltd (31871/2008) [2011] ZAGPJHC 56

28th June 2011

By: Creamer Media Reporter

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  • Kumalo v Cycle Lab (Pty) Ltd (31871/2008) [2011] ZAGPJHC 56
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SUMMARY

delict – iniuria – unauthorised publication of photograph for advertising purposes constitutes an iniuria – primarily an infringement of right to identity – also constitutes infringement of right to privacy and dignitas – identity infringed by falsification of person’s true image – fact that plaintiff a public figure cannot avail defendant where image has been wrongfully appropriated for advertising purposes – defence of consent not upheld – purpose for which photograph used not falling within ambit of consent – surrender of personality rights does not occur where plaintiff uses a company to promote her image and persona
 

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