Freedom of Expression and Hate Speech: The Legalities for Social Media Users
While freedom of expression is a cherished right introduced to South Africans against the historical backdrop of thought control and censorship, it comes with responsibilities. Social media users must exercise caution and respect the legal boundaries when expressing their views online.
Defamation on Social Media – A Refresher
In a recent Free State High Court case, Itumele Bus Lines (Pty) Ltd t/a Interstate Bus Lines v Transport and Allied Workers Union of South Africa and Others [2008] ZALC 207, a self-proclaimed “public transport activist” has been ordered to remove certain defamatory publications from his social media. The Respondent, Mr Msabe, made various public 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...
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...
Tagging, liking and sharing on social media – can I be held liable?
Anything you share, like or are tagged in on social media may be deemed to show that you agree with what is being said, even though you are not the creator of the original content. Normal legal rules apply to social media too! Case Law You can face legal action for engaging in the so-called more...
Social Media: Freedom of Expression vs Defamation and Hate Speech
Although we hear defamation and/or hate speech around us regularly, mostly, we see it on social media. It is almost as if people believe that because they are protected behind a keyboard or a screen, they can say whatever they feel like. Social media remains a public platform and everyone using it, just as in more...