Privacy vs public interest and investigative journalism featured in the Gauteng High Court, Johannesburg, when a businessman who was ambushed by the fearless Devi of the Devi Show on eTV, turned to court on the eve before featuring on the show.
Gregory Els and his company Praxley Corporate Solutions (“Praxley”) wanted to stop the screening of the show, which features video footage of him without him giving his consent to it.
He said he was lured under false pretences to a meeting, only to be faced by Devi and her camera team. They took footage of him leaving the “meeting” and rushing to his car. He wanted the television company to be interdicted from using the footage.
The footage and a story regarding his alleged shady business was, however, aired on Sunday night after Judge Norman Manoim refused the interdict. As this hearing was done as an urgent, last-minute application, the judge only gave his order at the time. He has now released his reasons for his finding.
“Els may well feel aggrieved at being door stopped in public after a false inducement to attend a meeting. Whatever his feelings in the matter they do not justify a remedy of prior restraint.This means that the allegations against him are sufficiently grave to warrant a claim of public interest,” the judge said.
Els maintained that there is no public interest in his business affairs as he is not a prominent public figure and has no profile on social media. He also argued that as he did not consent to the footage taken of him, it invaded his privacy.
“That may be so, but he has a profile on the internet and accusations concerning the propriety of his business dealings have surfaced on the internet including on the website of a private investigator.”
The judge said the public had a right to be informed about the allegations against Els. He added that if Els was wronged in any way, he could sue the television station and those involved in the broadcast for damages.
The Devi Show is an investigative, current affairs programme dealing with matters of public interest and hosted by Devi Govender. Els is a businessman whose company Praxley provides corporate advisory services, which include in respect of mergers, acquisitions, disposals, and various capital raising and restructuring ventures.
On October 24, he was contacted by someone claiming to be a Mr Hendrik Zowitsky who asked to meet with him to advise him on a sale of a business. They arranged to meet at a coffee shop in Sandton.
Zowitsky requested that they meet outside as he was coming with his client who was a smoker. Els arrived there at the arranged time only to be confronted not by Zowitsky but by a TV crew from e.tv led by Devi.
Devi called Els by name and then proceeded, with her camera crew following her and filming, to ask Els questions about why he had not refunded a certain Dr Reza his money. Els did not respond and then walked to his car. Devi and the TV crew followed filming him climbing into his car.
He heard Devi remark “nice car.” He left and then tried to contact the number on which Zowitsky had called him, only to find that the number was blocked. It emerged that e.tv used the name of Zowitsky and the possibility that he was a potential client as a ruse to lure Els to the restaurant so he could be filmed by e.tv.
Els was also sent questions to answer by Devi, of which he answered some, but he consulted his attorney who demanded that the footage regarding him not be used. This request was refused.
Els asserted his right to privacy on two bases - his general right to privacy and that the conduct infringes his rights to privacy in terms of the Protection of Personal Information Act (POPIA).
Judge Manoim said it is not clear what personal information Els relies on. “The footage will show him getting up and walking away to his car. Although it reveals his name, this identification is part of the broadcast in any event which is not the subject of the interdict. Nor is his appearance an issue as it is already in the public domain on Praxley’s website,” the judge said.
In turning down the interdict, the judge however did order that the number plates of Els’ car, as captured on the footage, may not be displayed on the programme. This is to personally safeguard Els.