03/12/2025
ABRSA PUBLIC NOTICE
NSPCA Photography at Shows – Your Legal Rights Regarding Social Media Posting
Dear ABRSA Members and Exhibitors,
This notice serves to clarify the legal position regarding the NSPCA taking photographs of dogs at shows and whether those images may be published on social media.
1. The NSPCA may take photographs for investigation purposes only. If they have cause to investigate!
Under the Animals Protection Act 71 of 1962, NSPCA inspectors are legally permitted to:
Attend shows,
Observe animals, and
Photograph dogs for the purpose of investigating possible offences, including the illegal practice of ear-cropping.
This is part of their statutory mandate and does not require consent from the owner when photographs are taken strictly for evidence or documentation.
2. The NSPCA may NOT post those photographs on social media without permission
Even though investigators may take photos, they are not allowed to publish them publicly on:
Facebook
Instagram
TikTok
Websites
Fundraising campaigns
Online articles
Awareness posts
Unless the owner has given clear, explicit written consent.
This is protected under the following principles:
POPIA (Protection of Personal Information Act)
Publishing photos of animals where the owner, kennel, or property can be identified is considered “processing personal information.”
➡️ This requires consent.
Common law rights to privacy and dignity
Individuals have the right to prevent unauthorised public use of their property, likeness, or identifiable assets.
NSPCA’s mandate does not include public publishing
Their powers extend to investigating, not advertising, shaming, or publicly displaying owners’ animals.
3. Posting images without consent is unlawful
If the NSPCA posts your dog’s photo publicly without permission, you are entitled to:
Demand immediate removal
Lodge a complaint under POPIA with the Information Regulator
Request a formal apology or correction
Seek damages if reputation, business, or kennel name is harmed
Report the conduct to ABRSA for support
This applies even if the dog is:
In public
Not suffering
Cropped
At a registered event
The legality of photographing for investigation does not automatically allow the NSPCA to publish those photographs.
4. ABRSA Position
ABRSA fully supports lawful welfare inspections carried out respectfully and professionally. However, we also defend the rights of our members regarding:
Privacy
Due process
Protection of kennel reputations
Prevention of unauthorised use of members’ dogs in public campaigns
We strongly advise all members:
Cooperate politely with lawful inspectors
Ask the purpose of photography
Request written confirmation if images will be used externally
Report any unlawful or unauthorised posting immediately to ABRSA
5. Need Assistance?
If you believe your dog’s image has been used without your consent—whether at a show, event, or inspection—please contact the ABRSA immediately for guidance and support.
ABRSA – Protecting Breeders, Upholding Ethics, Supporting Responsible Ownership