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...
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...
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...
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...
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...
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...
Online advertising – weighing up the risks for brands
Social media can be a highly effective way to increase brand awareness, but only if used properly. The online world is like a double-edged sword. While on the one hand it is very convenient for brands to connect with a world-wide customer base, on the other, it leaves the brand very exposed to criticism and backlas
Misinformation and fake news on COVID-19 – action will be taken!
Misinformation and fake news on COVID-19 – action will be taken!
How consumer protection and advertising practices affect Social Media Influencers in South Africa
We all know that brands like Adidas, Nike, Fenty and Dior partner up with social media influencers who have credibility in a particular industry and a large following to promote the brand to their followers. The influencer gets paid in cash or kind and the brand in return receives a personal advertisement to thousands of more...