The Windhoek Observer has taken note of a letter of demand dated 23 July 2025 from Lubbe & Saaiman Incorporated, acting on behalf of businessman Mr Elmo Kaiyamo.
The letter demands the removal of a photograph published alongside an article relating to Professor Job Amupanda, as well as a written undertaking to refrain from publishing Mr Kaiyamo’s image in the future.
The image in question was taken at a public event, specifically, a book launch attended by several members of the public, including Mr Kaiyamo and Prof. Amupanda. The photograph depicts attendees in a general, non-targeted manner. At no point was Mr Kaiyamo referenced in the article, nor was he the subject of any commentary. The editorial focus was solely on Prof. Amupanda and the event itself.
Through our legal representatives, the Windhoek Observer has made its position clear: photographs taken at public events are not subject to prior consent when used in a lawful, contextual, and non-defamatory manner. This principle is firmly supported by constitutional protections for press freedom, as well as legal precedent in democratic societies worldwide. The media is entitled, and indeed obligated, to document matters of public interest, including events where individuals voluntarily appear in public.
Mr Kaiyamo, as a respected public figure who frequently participates in high-profile gatherings, cannot reasonably expect privacy at such events. There was no suggestion in the article or its accompanying image of any relationship, involvement, or endorsement by Mr Kaiyamo. The photograph was neither manipulated nor presented in a way that could cause reputational harm. Any assumptions drawn beyond what was published do not stem from the conduct of this publication.
The demands to remove the image, issue undertakings, or cease the lawful editorial use of the photograph are therefore rejected. The Windhoek Observer will not comply with requests that infringe on its constitutional right to freedom of expression and the press. We have made it clear that our editorial decisions remain guided by journalistic ethics, the public interest, and the legal framework within which we operate.
We respect the rights of all individuals, including public figures, and remain committed to ethical reporting. However, this commitment must be balanced against our duty to inform the public and uphold the principles of a free and independent press.
Should any legal action proceed, we are prepared to vigorously defend our rights through the appropriate legal channels.
The Windhoek Observer remains steadfast in its mission: to report without fear or favour and to safeguard the freedoms that are essential to a democratic society.
