Social Media & the Law

Even though there are currently no separate cyberspace laws or social media laws, there are ways to ensure that people are held accountable for their actions online. And sometimes, these have serious legal consequences!

Am I too young to get into legal trouble online?

The answer is no. While children might not yet be sent to prison for the content you post online, they are not immune from getting into trouble with the law. As a child, you can be sued in civil proceedings.

Defamation takes place when a person intentionally spreads harmful information about another person, group of people, or company. For example, potential defamatory statements spreading false rumours about someone. If you post information that could possibly harm someone, you are likely to be taken to court on charges of defamation.

What if I’m accused of social media defamation?

Not much, other than to apologise for your actions and take down whatever defamatory material you might have posted. Once you have done this, start crossing your fingers that the person who is accusing you of defamation, accepts your apology and you both move on from it. But try and avoid getting caught up in this kind of situation. Remember you must always think before you click, once you have clicked “send” you cannot take it back.

Did you know?

In January 2022, celebrity entertainer Bonang Matheba won a defamation lawsuit against a YouTube vlogger Rea Gopane. The Johannesburg High court ordered Gopane to pay Matheba R300 000 in damages after making defamatory statements about her on his YouTube channel.

**Please Note** You can also be sued or found answerable or guilty of defamation for sharing reposting or “retweeting” defamatory material

Sexting and/or sexual offences

Sexting is the act of sending sexually explicit images, text messages or videos of either yourself or other individuals. The act is regarded as a serious sexual offence or child pornography. According to the Films and Publications Act 1996, anything to do with child pornography is considered a crime.

According to the Film and Publications Act of 1996 if any person under the age of 18 is found doing any of the following, they can and will be found guilty of an offence:

1. Taking sexually explicit pictures of yourself or others
2. Sending sexually explicit pictures of yourself or others
3. Having a sexually explicit picture of yourself or another child on your phone or computer
4. Asking anyone under the age of 18 to send a sexually explicit picture.

**Click here for more about the book by Emma Sadleir and Tamsyn de Beer, “Don’t film yourself having sex.” **

Cyber Bullying and Harassment

Cyberbullying is a form of bullying that takes place using electronic technology. Electronic technology includes devices and equipment such as cell phones, computers, and tablets as well as communication tools including social media sites and, text messages, chat and websites.

Examples of cyber bullying include mean text messages or emails, rumours sent by email or posted on social media, embarrassing pictures or videos posted on websites or using fake profiles.

Like other forms of bullying, cyber bullying may result in the victim developing social, psychological and educational issues.

How can you deal with Cyberbullying?

Don’t Respond to the bully. If they don’t get a response, they may gey bored and go away. Don’t try to get revenge and don’t let bullies turn you into a bully.

Block the person. You can block their number on your cellphone or their profile on social media and this will stop you seeing messages or comments from a particular person.

Tell Someone. Tell an adult you can trust, or you can also call the Childline on 08000 555 55

Report it. Report the person to the social media platform you are on. If there is a threat to your life the police will help. Call 10111. The protection of Harassment Act of 2011 is a law that can protect you from cyber bullying.

Cyber Stalking

Cyber stalking is when someone watches your actions online to see where you’re going, what you’re doing or to find your location.

Cyber stalkers will follow all your activities on social media and may even create a fake profile to become your friend or contact. A cyber stalker harasses their victims online and makes the feel scared.

When you are connected to the Internet, you are not just connected the friends and family, you are also connected to a big world that includes some untrustworthy strangers.

Always remember the 3 W’s of personal information safety:

WHO? Who is asking for this information? Do we really know them, or could they be pretending to be someone else?

WHAT? What are they asking for? Stop if it is your personal information.

WHY? Why do they need it? Most people don’t need your personal information. You should always tell your parents if someone is asking for your personal information, they will know whether you should give it out or not?

Online Grooming

Online grooming is when an adult forms a relationship with a younger person online for the purpose of later having sexual contact with them or committing other crimes.  This can take place in chat rooms, instant messaging and social networking sites.

Children can be groomed online or face-to-face, by a stranger or by someone they know – for example a family member, a friend or a schoolteacher.

Groomers will hide their intentions and may spend a long time gaining a child’s trust. The goal of the “groomer” is to arrange an in-person meeting to engage in sexual relations with the child or teen.

Catfishing

A CATFISH is an individual who creates a false online identity.

Catfishing is common on social networking and online dating sites. Sometimes a catfish’s sole purpose is to engage in a fantasy, however, other catfish’s intentions are to defraud a victim, seek revenge or commit identity theft.

Breach of Privacy

The Law clearly states that you have a right to privacy, even on a public platform. Because you have the right to privacy, no one is allowed to intrude into your personal life. Most social networking sites have privacy policies, which, ironically, inform you that they can in fact use your information when and as they please.

It is important that you take time to familiarise yourself with the privacy policies of the social networking sites you use.

You might not be aware, but when it comes to social media platforms, you do not have much if not any privacy. For example, Instagram uses the information it collects on their users to personalise the content that appears on your feed and sell you products, they may even share your information with advertisers.

Breach of copyright

Copyright simply means content or material such as music, films, pictures, exclusively belong to the person who is created it. and that no one should use, copy, and distribute it without the permission of the owner.

At some point in your life, you have probably breached someone’s copyright licence without knowing. But now that you know it is illegal to copy, use and share content that is copyrighted without a licence to do so, it is time to change your habits. You can get into serious trouble