What you can and cannot say on social media

What is permissible on social media with regards to the law. Caxton admitted attorney, reporter and legal advisor, Helene Eloff says:

Don’t gossip;
Don’t insult;
Don’t stalk;
Keep your clothes on;
Sometimes, you just need to zip it.

Section 16 of the Constitution offers the right to freedom of expression, subject to limitations in 16(2):

(1) Everyone has the right to freedom of expression, which includes:

(a) freedom of the press and other media;

(b) freedom to receive or impart information or ideas;

(c) freedom of artistic creativity; and

(d) academic freedom and freedom of scientific research.

This right has limitations:

(2) The right in subsection (1) does not extend to:

(a) propaganda for war;

(b) incitement of imminent violence; or

(c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

Defamation: The unlawful and intentional publication of defamatory matter (by words or by conduct), which causes his reputation to be impaired. Defamation on social media has caused the High Court to impose R40,000 in damages to those who defamed.

Hate speech: A statement is hate speech when it differentiates, discriminates and incites harm.

Harassment: The Harassment Act’s definition of harassment includes unwanted contact through verbal and electronic communication aimed at the complainant.

Crimen injuria: A statement that tends to lower the subjective dignity of the victim.

Employment: You could be fired for what you say on Facebook.

Pornography: Adults may legally exchange naked images. Children who do so are either making, possessing or distributing child pornography. This is a crime. Naked images intended for private use should not be shared and can give rise to criminal and delictual claims.

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