Some time ago, Charlize Theron featured in an advertisement for
a gambling business entity. However, would it be playing roulette
to use her name or likeness without her permission?
The Kumalo case
Recently, in the decision of the South Gauteng High Court in
Kumalo v Cycle Lab, the well-known celebrity Basetsana
Kumalo instituted court proceedings against a retailer of bicycles
and cycling products. While looking at their merchandise, someone
took a photo of her and the shop then used the photo in a magazine
advertisement. Following this, Kumalo alleged that she had suffered
an infringement (iniuria) to her personality rights.
The court confirmed that the remedy known as the actio
iniuriarum could be used to protect an individual's right
to privacy, dignity and identity. It held that the right to
identity is infringed when someone's image is used, without his
permission, for advertising purposes, thereby creating the false
impression that he authorised the
