July unrest: If you shared content inciting violence, you’re as guilty as original poster -expert

With the Directorate for Priority Crime Investigation (Hawks) saying they are confident more arrests are on the cards, experts say anyone who shared or retweeted statements, pictures and videos which incited public violence during the July unrest last year are just as guilty as the arrested instigators.

Following reports that Twitter gave Hawks investigators the personal information of people implicated in the violence, social media law expert Emma Sadleir Berkowitz said “each retweet constituted a fresh publication”, which made retweeters just as guilty.

“If the original content incites violence and you retweet it, share it or forward it, then you’re as responsible as the original poster,” she said.

Berkowitz said although the Hawks had allegedly obtained information from Twitter, they were unlikely to get the same information from WhatsApp, as it was end-to-end encrypted.

“The only way to have access to that information is if somebody on the group has taken a screenshot and sent that information on as proof,” she said.

Asked whether they had obtained any information from Twitter, Hawks spokesperson Brigadier Thandi Mbambo neither confirmed, nor denied the allegation and said they could not “comment on anything pertaining the investigation”.

However, Berkowitz said SA fell under Twitter in San Francisco in the US, which meant the subpoena would have to come from an official e-mail address on an official police letterhead to request the basic subscriber information of the account holder.

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“So when we set up our accounts on social media, we give them a phone number, e-mail address, IP address – which is the internet protocol address information they may have about the devices – and the location,” she said.

Twitter specified in the terms that, due to transparency reasons, it would notify the account holder if it handed over information to law enforcement.

At least 22 people appeared in court last Friday for instigating the July unrest and while former president Jacob Zuma’s daughter Dudu Zuma-Sambudla was not among the arrested, reports said her involvement was still being investigated.

Zuma-Sambudla shared an image of herself, with the caption: “My name is Dudu Zuma. I am a daughter of a great man, the G.O.A.T. of politics, Jacob Zuma. His blood runs through my veins. I have no fear. I will not be intimidated. I have beaten the dogs, now the masters are coming out. We see you.”

She also posted pictures of the destruction and carnage in 2021 with the caption: “KZN we see you.” Mbambo had previously said the Hawks could not confirm an investigation of her, or any particular person, until the person had been brought to book.

“A number of statements were deposed where a number of people were implicated, and such allegations are still being investigated,” she said.

“Until we have positively linked those particular people and secured their attendance in court, we can’t divulge who they are. Investigations still continue and we are expecting more arrests.”

According to Twitter’s glorification of violence policy, which prohibits the celebration, praising or condoning of violent crimes, and events which could inspire others to take part in similar acts, Zuma-Sambudla’s tweets could constitute incitement.

“We have a policy against content that glorifies acts of violence in a way that may inspire others to replicate those violent acts and cause real offline harm,” the policy reads.

Twitter defined glorification to include praising, celebrating, or condoning statements, such as “I’m glad this happened”, “This person is my hero”, “I wish more people did things like this”, or “I hope this inspires others to act”.

Violations “include, but are not limited to, glorifying, praising, condoning, or celebrating: violent acts committed by civilians that resulted in death or serious physical injury”, the policy stated.

Meanwhile, as per the Bill of Rights contained in Section 2 of the constitution, which states that everyone has the right to freedom of expression, it also notes the right does not extend to incitement of imminent violence.

– reitumetsem@citizen.co.za