If you follow international legal news, you may have noticed that on Friday 29 July 2022 judgment was handed down in the high-profile defamation case between Rebekah Vardy and Coleen Rooney. The full judgment is available here. The case was informally referred to as the “Wagatha Christie trial” – a play on the famous British … Continue reading Naming and shaming on social media in South Africa
Category: Social Media
Reminder: Sharing Fake News could be a Criminal Offence
As briefly discussed in a Youtube video last week, sharing fake news has become more and more common since the global outbreak of COVID-19 (Coronavirus). Over the past 24 hours I have been sent, and have seen on social media, three fake pieces of communication. Although some people may think “what’s the harm, you never know”, or “just … Continue reading Reminder: Sharing Fake News could be a Criminal Offence
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
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
Naming and shaming on Facebook and social media
A recent Pretoria High Court judgment has vividly illustrated the dangers of naming and shaming on Facebook. In Hechter v Benade [full judgment - PDF], decided on 5 December 2016, the court ordered the defendant to pay R350 000.00 in damages for defamation, plus legal costs and interest. The dispute centered around two neighbours, … Continue reading Naming and shaming on Facebook and social media
Racist Posts on Social Media
Overview A recent, heinous post on social media ignited national debate about hate speech, racism, crimen injuria and the right to freedom of expression. In the subsequent debate, amongst other things, Gareth Cliff was fired as an idols judge and Jawitz Properties went to great lengths to distance itself from the racist post … Continue reading Racist Posts on Social Media
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