Thea Illsley | University of Pretoria (original) (raw)
I am an independent researcher and legal consultant who has previously taught as a senior university lecturer. My research interests include media and communications law, principles of the law of evidence (generally) and in cases involving sexual offences (specifically).
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Università degli Studi di Firenze (University of Florence)
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Papers by Thea Illsley
South African Journal on Human Rights, 2006
The recent Constitutional Court decision in Laugh it Off Promotions CC v South African Breweries ... more The recent Constitutional Court decision in Laugh it Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International presented the South African judiciary with a unique and novel challenge. This challenge involved the intersection between the constitutional right to freedom of expression, as provided for in s 16 of the Constitution of the Republic of South Africa, 1996 and the protection of intellectual property rights in terms of s 34(1)(c) of the Trade Mark Act 194 of 1993. 3 The case highlighted the legal consequences of and issues relating to a phenomenon which has received little, if any, attention in our courts: trade mark parody.
The last decade has seen a worldwide upsurge in events that highlight a pivotal constituent of me... more The last decade has seen a worldwide upsurge in events that highlight a pivotal constituent of media freedom - the protection of journalists' sources. A recent groundbreaking report on the issue indicates that countries as wide-ranging as Luxembourg, New Zealand and El Salvador have recently adopted legislation to deal with the matter. Draft legislation is currently under consideration in the United States, Australia, Canada and the Netherlands. Courts in several jurisdictions have also had occasion to consider the matter, including the United States, Canada, Germany, Ireland and the United Kingdom. The European Court of Human Rights has dealt with the same matter on a number of occasions since it handed down its landmark judgment in Goodwin v United Kingdom, most notably in the recent cases of Tillack v Belgium, Voskuil v Netherlands and Sanoma Uitgevers v Netherlands. The International Criminal Tribunal for the Former Yugoslavia has also considered the issue in the, admittedly...
Two noteworthy events have recently added momentum to the debate on the law of sexual assault in ... more Two noteworthy events have recently added momentum to the debate on the law of sexual assault in South Africa. The first is the commencement, on 1 December 007, of the Criminal Law (Sexual Offences and Related Matters) Amendment Act ('the new Act'). The Act is based on the South African Law Reform Commission's proposals and, once operative, will bring about vast changes to the legal framework regulating substantive as well as procedural aspects of sexual assault in South Africa.
S. Afr. J. Crim. Just., 2002
S. Afr. J. on Hum. Rts., 2006
South African Journal on Human Rights, 2006
The recent Constitutional Court decision in Laugh it Off Promotions CC v South African Breweries ... more The recent Constitutional Court decision in Laugh it Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International presented the South African judiciary with a unique and novel challenge. This challenge involved the intersection between the constitutional right to freedom of expression, as provided for in s 16 of the Constitution of the Republic of South Africa, 1996 and the protection of intellectual property rights in terms of s 34(1)(c) of the Trade Mark Act 194 of 1993. 3 The case highlighted the legal consequences of and issues relating to a phenomenon which has received little, if any, attention in our courts: trade mark parody.
The last decade has seen a worldwide upsurge in events that highlight a pivotal constituent of me... more The last decade has seen a worldwide upsurge in events that highlight a pivotal constituent of media freedom - the protection of journalists' sources. A recent groundbreaking report on the issue indicates that countries as wide-ranging as Luxembourg, New Zealand and El Salvador have recently adopted legislation to deal with the matter. Draft legislation is currently under consideration in the United States, Australia, Canada and the Netherlands. Courts in several jurisdictions have also had occasion to consider the matter, including the United States, Canada, Germany, Ireland and the United Kingdom. The European Court of Human Rights has dealt with the same matter on a number of occasions since it handed down its landmark judgment in Goodwin v United Kingdom, most notably in the recent cases of Tillack v Belgium, Voskuil v Netherlands and Sanoma Uitgevers v Netherlands. The International Criminal Tribunal for the Former Yugoslavia has also considered the issue in the, admittedly...
Two noteworthy events have recently added momentum to the debate on the law of sexual assault in ... more Two noteworthy events have recently added momentum to the debate on the law of sexual assault in South Africa. The first is the commencement, on 1 December 007, of the Criminal Law (Sexual Offences and Related Matters) Amendment Act ('the new Act'). The Act is based on the South African Law Reform Commission's proposals and, once operative, will bring about vast changes to the legal framework regulating substantive as well as procedural aspects of sexual assault in South Africa.
S. Afr. J. Crim. Just., 2002
S. Afr. J. on Hum. Rts., 2006