Legal experts say prosecuting authorities are sailing close to the wind by leaking details of suspects to the media, but law-enforcement agencies argue the strategy is helping them with their investigations .

The drama surrounding Deputy President Jacob Zuma, mining executive Brett Kebble, National Directorate of Public Prosecutions boss Bulelani Ngcuka and Justice Minister Penuell Maduna, are examples of the media being abused, they say.

The prosecuting authorities have recently come under fire for leaking details of investigations to the press before charges have been laid or a suspect has pleaded to the charges in court.

"The process works because the media is unable to resist a good story and is miffed at being kept in the dark," argues an unnamed official at the National Directorate of Public Prosecutions.

In turn the media has been criticised for disclosing the private lives of suspects, particularly when the asset forfeiture unit seizes possessions.

Peter Grealy, an expert in print and electronic media law at Webber Wentzel Bowens Attorneys, says the real issue is whether the release of such information has infringed on constitutional rights such as privacy and dignity, which would amount to defamation. In this, a person's right to dignity may be impaired, he said.

There are a number of defences to be made should a suspect bring defamation charges. The statements made must have been considered truthful and in the public's benefit or fair comment on matters of public interest or importance.

Grealy says defamation lowers a person's reputation and integrity in the eyes of the public. If the media wants to escape liability, it will have to "establish negativing unlawfulness", he says. It should be borne in mind that where a person is a public figure, such as the deputy president, their right to privacy will tend to diminish , says Grealy.

Anton Harber, professor of journalism and media studies at Wits University, says the prosecuting authorities are skilled in using the media to their advantage. However, the press has allowed itself to be used too easily "particularly in a one-sided conflict".

Overall, the asset forfeiture unit and the Scorpions have made legitimate use of the media in a "good and healthy manner", says Harber. Sometimes good can result from a showcase. However, a thin line must be drawn where it would prejudice the trial of an accused person, he says.

Dan Rosengarten, a media lawyer at Rosin, Wright & Rosengarten, says in terms of the South African Police Services Act, the press is prohibited from taking photographs of an accused person prior to pleading to any charges.

Rosengarten says every accused person is presumed to be innocent until proven guilty.

The media should take steps to ensure it is not being used by the prosecuting authorities for their own interests, he says.

By the same token, the press should take proper steps to verify the accuracy on which comment is based.

Leonard McCarthy, head of the Scorpions, says the public has a right to be informed in terms of the constitution. On the other hand, an individual has a right to a fair trial. The two rights need to be balanced. At times the right to be informed will override the right to a fair trial.

McCarthy says there is a difference between a crime scene and a search scene. A crime scene is "open" while a search scene is the result of a court order.

The Scorpions conducted 550 searches in the past two years. The media was only present in a handful of instances and it is still unclear how it had access to such scenes, says McCarthy. "We do not give them permission."

In many instances the media was informed by sources outside of the Scorpions, or had access to high court files, such as in the arms deal case.

Willie Hofmeyr, head of the asset forfeiture unit, says an arrest is a public action. An individual always has the remedy available to sue for wrongful arrest or wrongful prosecution, says Hofmeyr.

The media is not alerted until papers have gone before a judge and a court order has been obtained, he says.

Sechaba Nkosi, spokesman for the South African Revenue Service (SARS), says SARS will not discuss the affairs of taxpayers with the media. SARS is bound by the secrecy provisions of the tax laws, says Nkosi.

With acknowledgements to Sanchia Temkin and the Business Day.