Are social media group admins liable for members’ posts?
No. Not if you are in South Africa.
The misconception that WhatsApp group administrators may be held liable for group members’ posts arose after the arrest of a man in India.
This may amount to stating the obvious, but India is not South Africa.
In that country, an order to the contrary was made by the Delhi High Court last year. According thereto, group admins would not be held responsible for content posted on their groups by other members.
After this order was made in 2016, an order was issued by the district court in Varanasi and the Senior Superintendent of police. According to the order, the group administrators of WhatsApp groups may be held liable and even arrested if posts on their groups are factually incorrect or misleading.
The position in South Africa is different. South Africa has no law or jurisprudence to that effect.
Readers are, however, advised to keep legalities in mind when using WhatsApp, Facebook and other social media platforms.
In short, they are:
- Don’t lie.
- Don’t skinder.
- Don’t insult.
- Don’t be a racist, sexist or any other –ist.
- Keep your clothes on.
- Don’t steal content and distribute it as your own.
Group admins are advised not to tolerate the above behaviour from group members.
