POLOKWANE – Thirty years ago words like Facebook, Twitter and Instagram were not widely used, if it even existed. When you wanted to insult someone you had to actually look them in the eyes and tell them to their face what you think.
These days social media makes people keypad ninjas where they sit behind their computer or cellphone screen and insult their victims. Businesses and people get shamed on Facebook pages and damage is done to the person and the business.
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Apart from this being cyber bullying, you also take the keyboard ninja to court for Defamation of Character.
Review spoke to Corrie Nel from Corrie Nel Attorneys who give some pointers to social media users.
“Defamation of character takes place whenever words or a statement is published about another person or even a business (the victim) that would damage the victim’s reputation in the eyes of other people. An example is when you say a person is dishonest.”
The words or statement must be published. This does not mean that it has to be published in a book or newspaper. Publication takes place when the statement is made to anyone, even only one other person. Making such a statement on social media would immediately mean that the statement is “published”, as it instantly comes to the knowledge of all the people with access to your Facebook, Twitter or other social media accounts.
“It doesn’t always make a difference whether the statement is true, according to you. If you feel the person was dishonest to you it is different from a person who was found guilty of theft by a court.”
The intention with which the statement is made is also of importance. “If it is made to hurt the victim’s reputation, it will be defamation. If it was clearly part of a joke with the victim, it would be in order. Sharing a joke with someone else about the victim, would be defamation.”
Sometimes an innocent remark made sarcastically, will also be defamatory because it is made with a clear hidden, other meaning. By saying sarcastically that someone is “honest”, meaning the opposite, would be defamatory.
“Defamation can result in the person making the statement ending up paying damages to the victim, as determined by a court. Damages for defamation in South Africa has ranged from a few thousand rand to millions.”
Some defamatory statements may qualify as a crime, crimen iniuria, which may lead to prosecution, a fine or even imprisonment.
So, before you type and send, think and make sure you are not guilty of Defamation of Character.
maretha@nmgroup.co.za
