Social Media and the Law

Social media platforms such as Facebook, Twitter and YouTube have become an integral part of our everyday lives and have an important role to play in our social environment and help us keep in touch with others and stay informed of events around the world. Yet despite many of the benefits of social media platforms,… Continue Reading


Our judges and arbitrators have been tasked with applying their minds to issues of defamation via social media. They must consider our ancient Roman and Dutch laws, juxtaposed against our common law and Constitution, regarding the rights both to privacy and to freedom of expression. A judge has stated that the “social media, of which… Continue Reading

Social media and your employees – the risks

What does Social Media mean? Wikipedia defines Social media as “interactive platforms via which individuals and communities create and share user-generated content”. Essentially, people interact with each other through Facebook or Twitter (and other networking platforms) and convert text communications into active dialog. Social networking is pervasive and ubiquitous. Facebook has over 2 billion, and… Continue Reading

Naming and Shaming on social media

Beware of publishing a post on Facebook or Twitter and other social media platforms, listing the name of a person (or company) that has committed some alleged transgression, to single them out for individual blame and censure. What does our law say about, e.g., outing sex offenders and paedophiles, in a post? You ‘defame’ someone when… Continue Reading

Take caution before posting: social media and defamation

Facebook, Twitter, LinkedIn and Google+ have become the most effective and immediate way of conveying information. There are, however, some pitfalls that come with being able to communicate instantly with the social media world; chief among these perils is defamation. The issue of defamation via social media platforms has been an internationally debated topic. South… Continue Reading

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