Watch what you say, especially on social media

In a world where information is spread faster than the speed of truth, spreading discriminatory – read racist – rants could land social media users in hot water.

Ask Penny Sparrow or Vicky Momberg, and also possibly once the South African Human Rights Commission has done with them, Roth, Lindsey, and Jarrod Watson.

Remember too, the storm around Justine Sacco who tweeted she could not be infected with Aids because she was white.

The Promotion of Equality and Prevention of Unfair Discrimination Act is clear.

Section 12 states no person may disseminate or broadcast any information or publish or display any advertisement or notice, which could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person.

The proviso is that bona fide engagement in artistic creativity, academic and scientific inquiry, fair and accurate reporting in the public interest or publication of any information, advertisement or notice in accordance with section 16 of the Constitution, is not precluded by this section.

“The difference, as you have pointed out, is that journalists are allowed to report and are usually accountable to the Press Council or in terms of journalistic ethics or an editor or the like,” said head of social media law at Shepstone & Wylie, Verlie Oosthuizen.

“Social media users are by and large ordinary citizens without journalistic training and are therefore not protected by that statute. Strictly speaking they could be liable in terms of the legislation, however they would obviously be allowed to present their side of the story in mitigation.”

Oosthuizen warned South African social media users were often not aware of the limitations of speech on social media.

“Social media is one of the most commonly used means of communication and, for that reason, disputes arising out of the use of Social Media are being taken seriously by the courts,” the social media law page at Shepstone & Wylie stated.

“Social media usage greatly complicates employment relations, with an increased number of dismissals for social media misconduct both locally and internationally, and questions being raised as to what extent trade unions can use Social Media to further strike action.

“In a world where hashtags can now be registered as trademarks and you can be fired for a tweet you sent whilst on vacation, it is imperative that employers and employees fully understand the consequences and risks associated with Social Media.”

According to the Constitution, only parliamentarians have “freedom of speech”, which is limited to inside parliament.

Everyone else must make do with “freedom of expression”, which is also limited and does not extend to propaganda for war, incitement of imminent violence; or advocacy of hatred based on race, ethnicity, gender or religion, and constitutes incitement to cause harm.

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