What you can say about #FeesMustFall on social media

During the #FeesMustFall protests, many written and graphic messages have been spread on social media which have sparked an interesting legal debate.

With this in mind, the question now becomes, can universities legally control what their students display on Facebook?

According to attorney, Tyrone Walker, the answer to this question is not a simple one. “Well, yes and no. I represent many of the universities in South Africa and assist them on a daily basis with their social media accounts,” said Walker.

He explained that Facebook states on the website, ‘People use Facebook to share their experiences and to raise awareness about issues that are important to them. This means that you may encounter opinions that are different from yours, which we believe can lead to important conversations about difficult topics. To help balance the needs, safety and interests of a diverse community, however, we may remove certain kinds of sensitive content or limit the audience that sees it’.

He highlighted that Facebook users are allowed to express their opinions and feelings as long as they do not contravene any of the terms, community standards or policies stipulated by Facebook.

Graphic content depicting violent protest action is sometimes shared on social media platforms by students, journalists and bystanders. With regards to this point, Walker stressed, “All the [terms and conditions] can be found on their website. Facebook states that it will remove content, disable accounts and work with law enforcement when they believe there is a genuine risk of physical harm or direct threats to public safety.”

Facebook makes special mention of dangerous organisations, bullying and harassment, criminal activity and direct threats. “Should any user of Facebook or the university feel that another user has contravened these provisions then they are able to report the abuse to Facebook. There is a link for ‘report abuse’ on the website or you can use the report link that appears near the content [Facebook post] itself.”

According to Walker, in the case of the #FeesMustFall campaign, a discussion between students on Facebook would be allowed in most cases. “But should the students create a Facebook page which orchestrates criminal activity, the university would be able to lodge a complaint with Facebook and request that the page be taken down immediately,” he explained.