These are unprecedented times – most business owners will feel the pinch, particularly those in the events, wedding, tourism, restaurant and entertainment industry. Holistically, be proactive with any legal obligations; and as hard as it may be, try to stay calm and focused on keeping your business afloat. Like any disaster or pandemic, it will pass. … Continue reading What to do if you are a small business owner affected by the Covid-19 pandemic
Author: Lee Swales
Naming and shaming on social media in the era of #AmINext and #MeToo
Recently, accounts on Twitter such as @AmINext_sa, @HSurvivers3, @helpsurvivers, and @DBN_survivors have posted anonymous allegations of rape and serious sexual abuse. In under two days, the Durban account has amassed almost 20 000 followers. In the posts on these accounts, alleged perpetrators are named and shamed with full detail and pictures (in some pictures, in addition to the … Continue reading Naming and shaming on social media in the era of #AmINext and #MeToo
Hate Speech – an overview of the current legal position and discussion on the Old South African Flag case
The preamble to South Africa’s Constitution defines the nation as one that is united in diversity – it further sets out the basis for a non-racial democracy. Given South Africa’s traumatic and racist history, the new constitutional dispensation is based on values of freedom, equality, and dignity. The preamble reads in full as follows: We, the people … Continue reading Hate Speech – an overview of the current legal position and discussion on the Old South African Flag case
Electronic evidence – a necessity in almost every legal dispute
Independent Online reported this week that a child abuse case involving a Durban mother has been provisionally struck from the roll. The case cannot continue until evidence from the mobile phone which captured footage of the alleged events has been returned to the court from the SAPS cybercrime unit in Pretoria. This is a puzzling and … Continue reading Electronic evidence – a necessity in almost every legal dispute
What parents can learn from the Momo Challenge
Recently we saw a resurgence of the Momo Challenge in the news, after reports surfaced of a 5-year-old girl hacking off her hair, allegedly due to Momo telling her to do so through a clip on a kiddies YouTube video. Momo started off as an urban-legend, a challenge that involved kids messaging a number on … Continue reading What parents can learn from the Momo Challenge
New Cybercrime Law
After much debate and delay, South Africa’s new cybercrime laws are close to promulgation. Last week, on 7 November 2018, the Justice and Correctional Services committee approved the latest version of the legislation – now known as the Cybercrimes Bill B6B-2017. This is the third main version of the law, and its primary goal is to criminalise various … Continue reading New Cybercrime Law
Human Trafficking & Social Media Safety
Over the past few weeks, a series of child abductions, kidnapping attempts, and missing children cases have dominated the South African media. Human trafficking has suddenly become a hot topic of conversation, and a very real concern. Several fake WhatsApp messages, voice notes, hoax calls to SAPS, and numerous social media posts are causing mass … Continue reading Human Trafficking & Social Media Safety
Copyright: the basics for small business owners and app developers
I’m regularly asked by developers and small business owners – who owns the copyright in my new app? The answer, as with most legal questions is: ‘it depends’. South Africa’s Supreme Court of Appeal in 2008 noted that copyright cases relating to computer programs are notoriously difficult. In South Africa, copyright is regulated by the Copyright … Continue reading Copyright: the basics for small business owners and app developers
Civil and criminal liability for comments posted on social media
South African model and television presenter Shashi Naidoo has come under fire for comments made on Instagram. Naidoo referred to Gaza as a “sh%$ hole”. The posts were swiftly deleted, and Naidoo has apologised. Although every person has the right to freedom of expression, this right is weighed up and measured against other competing rights – such as … Continue reading Civil and criminal liability for comments posted on social media
General Data Protection Regulation (GDPR) and POPIA
In case you have been under a rock, or out since the 90’s, after years of preparation and debate, the General Data Protection Regulation(GDPR), which was passed by the EU Parliament in April 2016, comes into full force and effect from 25 May 2018.What does this mean for South African businesses? Short answer: the GDPR is only relevantif a … Continue reading General Data Protection Regulation (GDPR) and POPIA