Moral Rights and Freedom of Expression
Obviously the extent of the moral right in South Africa is is affected by freedom of expression, guaranteed by section 16 of the Bill of Rights .
In very rough terms then it seems that under the constitutional dispensation the moral right or right of integrity can properly be invoked when the use of a work violates the right of dignity set out in the Bill of Rights in section 10.
So for a use of a work, permitted by copyright, to violate the right of integrity it wouldn’t be enough that the creator simply disagreed or felt uncomfortable with the use of the work. Rather a creator trying to use the right would have to show that, from what the law calls an objective perspective (a useful fiction) the use of a creators work violates her fundamental dignity.
It isn’t entirely clear exactly the right would prohibit so a court would probably state that it depends on the particular circumstances. As a matter of academic opinion and not legal advice, it would have to be quite extreme, e.g. a right wing racist site misusing the work of a black artist.
