The ultimate social media checklist: What may I post online?
Know what your rights are, and where you could be prosecuted. South Africa's laws offer clear regulations for online users.
The year has kicked off with a lot of drama. The stage was social media and the people causing it were users.
Penny Sparrow’s racist tweet comparing black people to monkeys was followed by Gareth Cliff’s controversial comment about freedom of speech. Standard Bank economist Chris Hart was fired following his tweet that allegedly had a racist undertone.
Last year Mcebo Dlamini was dismissed from the University of Witwatersrand’s Student Representative Council after saying all white people have a bit of Hitler in them. More recently two students from the University of Stellenbosch were expelled after photos of them with their faces painted featured online.
In our own region, Liezl Bernardo deals with unsuitable posts on a daily basis. She is the administrator of various Facebook groups, including Nelspruiters, a group with more than 20 000 members. “I get confronted with racist posts, political posts and naming and shaming every day,” she told Lowvelder on Tuesday.
She said a woman had recently called other members of the group retards and said that they were stupid. “She believed that she could say these things, not knowing that there were rules preventing such conduct,” said Bernardo. This is where many Lowvelders have it all wrong.
The fact that we have no law dealing explicitly with social media, does not mean that your online conduct won’t come back to bite you. Since the dawn of Facebook, Twitter, Instagram and the like, many South Africans have faced legal action as a result of their activity online. You don’t have to be one of them.
The University of Pretoria presents a course called Media Law. The course content made it clear that social media users could regulate their own online posts and, in doing so, stay out of trouble.
This syllabus includes a lists of questions you should ask yourself before publishing information. The questions are divided into three stages referring to the Constitution of South Africa, 1996, statutory law and common law.
1. The Constitution:
Section 16 regulates freedom of expression:
“Everyone has the right to freedom of expression, which includes
• freedom of the press and other media
• freedom to receive or impart information or ideas
• freedom of artistic creativity
• academic freedom and
• freedom of scientific research.”
However, subsection (2) states that the right in subsection (1) does not extend to:
• propaganda for war, incitement of imminent violence or
• advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.”
2. Statutory Law:
The term “statutory law” refers to any written act, such as the Sexual Offences Act, the Basic Conditions of Employment Act, or the Consumer Protection Act. Intimidation is another example of a statutory offence. It is defined in the Intimidation Act No 72 of 1982.
3. Common Law:
The term “common law” refers to a crime that exists, but has not been reduced to an act of parliament and signed by the president. Defamation is a common-law crime. Crimen injuria is also a common-law crime.
Before posting something online, consider the following:
Does Section 16(1) of the Constitution give me the right to post this?
Does my intended statement fall within the scope of Section 16(2)? If not, do not post it.
Is there any common-law rule or statutory provision that limits my freedom of expression?
If so, do not post it.
After asking these three questions, you need to ask yourself whether your post will infringe on somebody else’s rights.
The constitution gives everyone the right to privacy and dignity. If you want to call someone a dumb pig, you will hurt their dignity. If you post naked pictures of someone else online, you will violate their right to privacy.
In this case, practising your freedom of speech will severely impose on the rights of another. Section 36 of the constitution stipulates that your right to free speech may be limited in cases like these. Don’t wait for a court to tell you that you should have played it safe. When posting something online, ask yourself whether you would say this to your mother or father. Also ask yourself whether a neighbour from another racial group would approve.
If not, don’t post it.
