Experts say the latest racist video to go viral presents challenges around criminal jurisdiction and social media. South African Adam Catzavelos, used the K-word while on a beach vacation in Greece.
Criminal law expert Llewellyn Curlewis, says criminal jurisdiction is usually granted to the country where an offence occurs. He says at face value, he believes the remarks made in the video could qualify as crimen injuria and are therefore a criminal offense.
“The question that comes to mind is whether a South African court can prosecute him for something that was said in Greece or wherever the video clip was taken because there’s no necessary case law on that. The nearest case law on similar situations is that of theft where a person commits a crime and wherever he takes the stolen property will have jurisdiction. The fact that we have technology here that was also streamed to South Africa in my mind may be considered as an exception to the rule in the sense that South African courts might be considered to have jurisdiction under the circumstances.”
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