Kim Kardashian’s Krypto Trouble Should Be A Warning To You
Reality star and businesswoman Kim Kardashian recently found herself in legal trouble in the United States after endorsing the high-risk cryptocurrency EthereumMax (“Emax”) to her millions of followers on Instagram. Since her endorsement, EMAX’s value has plummeted which led to the US Securities and Exchanges Commission bringing charges against Kim. The problem lies in the more...
The Ban of TikTok: The US is worried, should you be?
From 2020, TikTok has become a global social media sensation. TikTok is an app where users share short form videos of them dancing, singing, vlogging, and participating in challenges etc. However, recently, the United States, Europe, and Canada have named this app as a threat to their national security and are making efforts to ban more...
Social Media Policy – Do we really need one?
Social media is essentially the online community where your customers, partners, suppliers, and stakeholders camp out to share information, promote products and services, and exchange opinions and experiences (possibly about your organisation). As an organisation, you must recognise the limits and risks of social media, and how it can affect your brand, public image, and more...
Bool Smuts v Herman Botha – Right to Privacy v Freedom of Expression
On 10 January 2022 the Supreme Court of Appeal handed down a landmark judgment in the matter of Smuts and Another v Botha and Another (887/2020) [2022] ZASCA 3 (10 January 2022) which gives us an inside look at how our privacy laws are applied by the courts. Summary In this matter, Bool Smuts, a more...
Commencement of the Cybercrimes Act
The President has proclaimed the commencement of the lion’s share of the Cybercrimes Act, No 19 of 2020, with effect from the 1st of December 2021. The sections omitted from commencement are largely related to the implementation of enforcement mechanisms, and are presumably omitted so as to allow the necessary administrative arrangements to be made. more...
M Booysen v J Dolley-Major (Case No: 5043/2021) Landmark case – Naming an alleged rapist on social media
We are all aware of the serious legal consequences of defamatory posts on social media, but as discussed in my article on defamation and the elements that need to be proven, it is an intricate area of law and there is a constant weighing of individual rights by the courts. This case is an excellent more...
Let’s talk about defamation of character…again
Why do we have to continue talking about this? Defamation of character has become one of the most frequent issues that clients raise with attorneys. Either they are being defamed on social media or are accused of defaming someone else or a business on social media. It would be easy to keep blaming it on more...
The consequences of the Cybercrimes Act on Social Media (ab)use
The President has finally signed the Cybercrimes Bill into law after a long legislative process. The Cybercrimes Act (the Act) focuses mainly on criminalising the interference with computer systems and data, which is described in more detail in Andrew Marshall’s article on the subject. However, the Act also has bearing on the way we use more...
Cybercrimes Act
After an extended period in Parliament, the Cybercrimes Act has finally been signed into law by the President. The purpose of the Act is to bring South Africa into line with international jurisprudence on the detection and prosecution of crimes which are either specific to computers, or which are perpetrated using computers. This is a more...
Online Gaming – the risks and dangers
Gaming online is not new; it’s actually been around since the 1960s. However, new technology and high-speed internet connections have certainly helped playing online games like Call of Duty and Fortnite become the popular hobby it is today. Online gaming can also refer to online gambling, for example, casino-like games, lotteries, and betting on sporting more...
Doxing and social media vigilantism
Our reliance on technology, and social media to a degree, has led to a rise in cyberbullying trends such as doxing and stalking. As great as technology is, it unfortunately also provides people with an instant, viral and anonymous way to inflict harm more easily on others. The phenomenon of doxing can be seen every more...
The Importance of a Social Media Policy
Social media has become an indispensable part of communicating and doing business in modern life. The reality is that most employees are likely to use at least one social media platform and have a social media personality that extends outside the parameters of their workplace. Employers are encouraged to have a social media policy in more...