Freedom of Expression | The Laugh it Off Case

A graduate of Rhodes University School of Journalism wished to challenge the power of commercial logos to colonise the mind. He made t-shirts which he sold online, parodying the logos of a number of corporates. Carling Black Label were not amused. When they saw t-shirts with 'Carling Black Labour' parodying the brand and condemning the company's labour practices, they went to the High Court. It granted them an order prohibiting the sale of the t-shirts, which was upheld in the Supreme Court of Appeal. Writing for a unanimous Constitutional Court, Justice Moseneke overturned the order, holding that Carling had not shown that the detriment to the sale of their beer outweighed the journalist's free speech rights. Writing in agreement, Justice Sachs asked whether the law has a sense of humour, and replied that he did, adding reflections on the role of parody and laughter as an elixir of democracy.