Sharing Covid-19 patients photographs online? You could be liable
Social media users are urged not to share photos of citizens who tested positive for Covid-19, as this is legally regarded as an infringement of a patient’s right to privacy.
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LIMPOPO – Earlier on Friday, photographs of a man who tested positive for the Corona virus was distributed on social media. The man, who was tested in Gauteng, did not self-quarantine before the lockdown but travelled to Limpopo. After tracer teams could not locate him in Gauteng, the Limpopo Department of Health was requested to assist, and he was arrested in the Mopani district.
He has since been placed in isolation.
Many social media users posted or shared an image of the patient, with many saying his actions were irresponsible given the lockdown regulations issued by government and the Department of Health.
Yerr this Tzaneen Covoid case has me stressed 😭😭
— 💋 (@laaylaaMo) March 28, 2020
https://twitter.com/Kennethmojela/status/1243855601442095104
I can’t believe how selfish that Tzaneen gent was.
— unhinged🪜 (@Tumi_XO) March 28, 2020
Caxton Local Media’s Legal Adviser, Helene Eloff said since Covid-19 cases in South Africa have risen above 1 000, the identification of patients has become a hot topic on social media.
“Some social media users seem to think that it is acceptable to identify patients online and some even share their photos. The Department of Health and the National Institute of Communicable Diseases have indicated in no uncertain terms that it is against their codes of ethics to identify patients,” she said.
Eloff says the underlying legal principle in such a situation is a person’s right to privacy.
“South Africans have a right to privacy as per Section 10 of the Constitution. Our courts have indicated that South Africans have a privacy expectation relating to their medical records and information on their health.”
She added that this is a very reasonable and important privacy expectation and one that should be protected, “This is why the departments wish not to divulge this information. I would advise social media users from unjustifiably infringing on the right to privacy of any Covid-19 patient. Don’t identify them online, don’t share their images if there is not a legally justifiable reason to do so,” she concluded.
You can listen to Eloff’s podcast below:
*Notice: Coronavirus reporting at Caxton Local Media aims to combat fake news
Dear reader,
As your local news provider, we have the duty of keeping you factually informed on Covid-19 developments. As you may have noticed, mis- and disinformation (also known as “fake news”) is circulating online. Caxton Local Media is determined to filter through the masses of information doing the rounds and to separate truth from untruth in order to keep you adequately informed. Local newsrooms follow a strict pre-publication fact-checking protocol. A national task team has been established to assist in bringing you credible news reports on Covid-19.
Readers with any comments or queries may contact National Group Editor Irma Green (irma@caxton.co.za) or Legal Adviser Helene Eloff (helene@caxton.co.za).
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